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Full text of "Election laws of the State of Montana, 1952"



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" S1 ELECTION LAWS 



STATE DOCUMENT 



OF THE 



STATE OF MONTANA 



1952 




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Arranged and Compiled from Revised 

Codes of Montana of 1947, 

as Amended 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

March, 1952 




UNIVERSITY 



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Montana State Library 



3 0864 1004 2457 4 



ELECTION LAWS 

OF THE 

STATE OF MONTANA 



1952 
J? 

Arranged and Compiled from Revised 

. Codes of Montana of 1947, 

as Amended 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

March, 1952 



3 X4.1 £(o 



NOTE: — This edition of the Election Laws contains 
statutes relating to general election procedure only, ex- 
clusive of elections by corporate bodies and similar 
related elections. 






ELECTION LAWS OF MONTANA 



TABLE OF CONTENTS 



Abandonment of Counties 127 

Abolishment of County High Schools 264 

Aeronautics, Municipal Airports Act 19 

Ballots, preparation and Form 183 

Beer Act 20 

Canvass of Election Returns — Results and Certificate 219 

Cemetery Act, Public Cemeteries 23 

Cities and Towns: 

Abatement of Smoke Nuisance 51 

Additional of Platted Tracts to 27 

Alteration of Boundaries 28 

Bonds and Indebtedness 47 

City Parking Meters 97 

Classification and Organization 26 

Contracts and Franchises 41 

Disposal or Lease of City Property 35 

Fire Protection in Unincorporated Towns 42 

Indebtedness 273 

Initiative and Referendum 37 

Loans from Revolving Fund for Paying 

Improvement District Warrants 45 

Municipal Courts 42 

Officers and Elections 31 

Parking Commission 98 

Public Baths 37 

Purpose for Which Indebtedness May Be Incurred 35 

Revenue Bond Act of 1939 51 

Sewage Treatment and Disposal Plants 45 

Taxation 273 

City and County Consolidated Government 81 

City Free Public Libraries 244 

Clerk of Supreme Court 272 

Commission Form of Government for Cities 53 

Commission Manager Form of Government 65 

Conducting Elections— The Polls— Voting and Ballots 190 

Consolidated School Districts — Procedure in Event 

of Consolidation — Bonded Debts 252 

Constitutional Provisions 5 

Conventions to Ratify Proposed Amendments to the 

Constitution of the United States 232 

Corrupt Practices Act 285 

Counties — Creation of New by Petition and Election 106 

County Finance — Bonds and Warrants 1 1 8 

County Manager Form of Government 125 

County Officers, Qualifications, General Provisions 124 

County Seats, Location of 101 

County Seats, Removal of 99 

District Courts 277 



4 ELECTION LAWS OF MONTANA 

TABLE OF CONTENTS — (Continued) 

Drainage Districts 274 

Duties of County Commissioners Relative to Elections 118 

Election Frauds and Offences 278 

Election Precincts 1 37 

Election Returns 2 1 6 

Election Supplies 1 57 

Elections Relating to School Matters 244 

Failure of Elections — Proceedings on Tie Vote 222 

Fixing Tax Levy for Elementary School Budgets 250 

High School Code 263 

High School Districts 271 

High School Districts, Changing Boundaries of 268 

Initiative and Referendum 235 

Judges and Clerks of Election 155 

Junior Colleges 269 

Justice and Police Courts 278 

Liquor Control Act 19 

Liquor License Act 21 

Lists and Poll Books 135 

Members of Congress — Elections and Vacancies 228 

Metropolitan Sanitary Districts 94 

Nomination of Candidates for Special Elections by 

Convention or primary Meetings or by Electors 161 

Non-Partisan Nomination and Election of Judges of 

Supreme and District Courts 223 

Party Nomination by Direct Vote — The Direct Primary 165 

Presidential Electors and Delegates to National 

Conventions 1 8 1 

Presidential Electors, How Chosen, Duties 227 

Publication of Questions Submitted to Popular Vote 134 

Public Bridges 235 

Qualification and Privileges of Electors 135 

Recount of Ballots— Results 229 

Registration of Electors 139 

Registration of Electors Absent from County of 

Their Residence 207 

School District Bonds 257 

School Districts, Dissolution of Joint 254 

School Trustees 245 

Senatorial, Representative and Congressional Districts 241 

Supreme Court 276 

Tax Levy for Road and Bridge Construction 121 

Time of Holding Elections — Proclamations 133 

Voting by Absent Electors 196 

Voting by Absent Electors in Military Service 204 

Voting Machines — Conduct of Election When Used 208 



ELECTION LAWS OF MONTANA 



CONSTITUTION 

ARTICLE III 

A Declaration of Rights of the People of the State of Montana 

Section 2. The people of the State have the sole and exclusive 
right of governing themselves, as a free, sovereign, and independent 
state, and to alter and abolish their Constitution and form of govern- 
ment, whenever they may deem it necessary to their safety and 
happiness, provided such change be not repugnant to the Constitution 
of the United States. 

Section 5. All elections shall be free and open, and no power, 
civil or military, shall at any time interfere to prevent the free ex- 
ercise of the right of suffrage. 

ARTICLE V 

Legislative Department 

Section 1. The legislative authority of the State shall be vested 
in a Legislative Assembly, consisting of a Senate and House of Rep- 
resentatives; but the people reserve to themselves power to propose 
laws, and to enact or reject the same at the polls, except as to laws 
relating to appropriations of money, and except as to laws for the 
submission of constitutional amendments, and except as to local or 
special laws, as enumerated in Article V, Section 26, of this Constitu- 
tion, independent of the Legislative Assembly; and also reserve 
power, at their own option, to approve or reject at the polls, any Act 
of the Legislative Assembly, except as to laws necessary for the im- 
mediate preservation of the public peace, health, or safety, and ex- 
cept as to laws relating to appropriations of money, and except as to 
laws for the submission of constitutional amendments, and except 
as to local or special laws, as enumerated in Article V, Section 
26, of this Constitution. The first power reserved by the people is 
the Initiative and eight per cent, of the legal voters of the State shall 
be required to propose any measure by petition; Provided, That two- 
fifths of the whole number of the counties of the State must each fur- 
nish as signers of said petition eight per cent, of the legal voters in 
such county, and every such petition shall include the full text of the 
measure so proposed. Initiative petitions shall be filed with the 
Secretary of State, not less than four months before the election at 
which they are to be voted upon. 

The second power is the Referendum, and it may be ordered 
either by petition signed by five per cent, of the legal voters of the 
State, provided that two-fifths of the whole number of the counties of 
the State must each furnish as signers of said petition five per cent, 
of the legal voters in such county, or, by the Legislative Assembly as 
other bills are enacted. 



6 ELECTION LAWS OF MONTANA 

Referendum petitions shall be filed with the secretary of state, 
not later than six months after the final adjournment of the session 
of the Legislative Assembly which passed the bill on which the Ref- 
erendum is demanded. The veto power of the Governor shall not ex- 
tend to measures referred to the people by the Legislative Assembly 
or by Initiative Referendum petitions. 

All elections on measures referred to the people of the State shall 
be had at the biennial regular general election, except when the 
Legislative Assembly, by a majority vote, shall order a special elec- 
tion. Any measure referred to the people shall still be in full force 
and effect unless such petition be signed by fifteen per cent, of the 
legal voters of a majority of the whole number of the counties of the 
State, in which case the law shall be inoperative until such time as 
it shall be passed upon at an election, and the result has been de- 
termined and declared as provided by law. The whole number of 
votes cast for Governor at the regular election last preceding the 
filing of any petition for the Initiative or Referendum shall be the 
basis on which the number of legal petitions and orders for the 
Initiative and for the Referendum shall be filed with the Secretary of 
State; and in submitting the same to the people, he, and all other 
officers, shall be guided by the general laws and the act submitting 
this amendment, until legislation shall be especially provided there- 
for. The enacting clause of every law originated by the Initiative 
shall be as follows: 

"Be it enacted by the people of Montana." 

This section shall not be construed to deprive any member of the 
Legislative Assembly of the right to introduce any measure. 

Section 2. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, except as otherwise 
provided in this Constitution. 

Section 3. No person shall be a Representative who shall not 
have attained the age of twenty-one years, or a Senator who shall 
not have attained the age of twenty-four years, and who shall not 
be a citizen of the United States, and who shall not (for at least twelve 
months next preceding his election) have resided within the county 
or district in which he shall be elected. 

Section 4. The Legislative Assembly of this State, until other- 
wise provided by law, shall consist of sixteen members of the Sen- 
ate, and fifty-five members of the House of Representatives. 

It shall be the duty of the first Legislative Assembly to divide the 
State into senatorial and representative districts, but there shall be 
no more than one Senator from each county. The Senators shall be 
divided into two classes. Those elected from odd-numbered districts 
shall constitute one class, and those elected from even-numbered 
districts shall constitute the other class; and when any additional 
Senator shall be provided for by law, his class shall be determined 
by lot. 



ELECTION LAWS OF MONTANA ? 

One-half of the Senators elected to the first Legislative Assembly 
shall hold office for one year, and the other half for three years; and 
it shall be determined by lot immediately after the organization of 
the Senate, whether the Senators from the odd or even-numberd dis- 
tricts shall hold for one or three years. 

Section 9. The senate shall, at the beginning and close of each 
regular session, and at such other times as may be necessary, elect 
one of its members president pro tempore. The house of representa- 
tives shall elect one of its members speaker. Each house shall choose 
its other officers, and shall judge of the elections, returns, and quali- 
fications of its members. 

Section 26 The Legislative Assembly shall not pass local or 
special laws in any of the following enumerated cases, that is to say: 
For granting divorces; laying out, opening, altering or working roads 
or highways; vacating roads, town plats, streets, alleys or public 
grounds; locating or changing county seats, regulating county or 
township affairs; regulating the practice in courts of justice; regu- 
lating the jurisdiction and duties of justices of the peace, police 
magistrates or constables; changing the rules of evidence in any 
trial or inquiry; providing for changes of venue in civil or criminal 
cases; declaring any person of age; for limitation of civil actions, or 
giving effect to informal or invalid deeds; summoning or impaneling 
grand or petit juries; providing for the management of common 
schools; regulating the rate of interest on money; the opening or con- 
ducting of any election or designating the place of voting; the sale 
or mortgage of real estate belonging to minors or others under dis- 
ability; chartering or licensing ferries or bridges or toll roads; charter- 
ing banks, insurance companies and loan and trust companies; re- 
mitting fines, penalties or ferfeitures; creating, increasing or decreas- 
ing fees, percentages or allowances of public officers; changing the 
law of descent; granting to any corporation, association or individual 
the right to lay down railroad tracts, or any special or exclusive 
privilege, immunity or franchise whatever; for the punishment of 
crimes; changing the names of persons or places; for the assessment 
or collection of taxes; affecting estates of deceased persons, minors 
or others under legal disabilities; extending the time for the collection 
of taxes; refunding money paid into the state treasury; relinquishing 
or extinguishing in whole or in part the indebtedness, liability or 
obligation of any corporation or person to this State, or to any 
municipal corporation therein; exempting property from taxation; 
restoring to citizenship persons convicted of infamous crimes; au- 
thorizing the creation, extension or impairing of liens; creating offices, 
or prescribing the powers or duties of officers in counties, cities, town- 
ship or school districts; or authorizing the adoption or legitimation of 
children. In all other cases where a general law can be made ap- 
plicable, no special law shall be enacted. 

Section 45. When vacancies, caused by death, occur in either 
house of the Legislative Assembly, such vacancies shall be filled by 
appointment by the Board of County Commissioners of the county 



8 ELECTION LAWS OF MONTANA 

from which such vacancy occurs. All vacancies occuring from any 
other cause shall be filled by election upon proclamation of the 
Governor. 

ARTICLE VI 

Apportionment and Representation 

Section 1. One Representative in the Congress of the United States 
shall be elected from the state at large, the first Tuesday in October, 
1889, and thereafter at such times and places, and in such manner 
as may be prescribed by law. When a new appointment shall be 
made by Congress the Legislative Assembly shall divide the State 
into congressional districts accordingly. 

Section 2. The Legislative Assembly shall provide by law for 
an enumeration of the inhabitants of the State in the year 1895, and 
every tenth year thereafter; and at the session next following such 
enumeration, and also at the session next following an enumeration 
made by the authority of the United States, shall revise and adjust 
the apportionment for Representatives on the basis of such enumera- 
tion according to ratios to be fixed by law. 

Section 3. Representative Districts may be altered from time to 
time as public convenience may require. When a Representative 
District shall be composed of two or more counties, they shall be 
contiguous, and the districts as compact as may be. No county shall 
be divided in the formation of Representative Districts. 

Section 4. Whenever new counties are created, each of said 
counties shall be entitled to one Senator, but in no case shall a 
Senatorial District consist of more than one county. 

ARTICLE VII 

Executive Department 

Section 1. The Executive Department shall consist of a Gov- 
ernor, Lieutenant-Governor, Secretary of State, Attorney General, 
State Treasurer, State Auditor and Superintendent of Public Instruc- 
tion, each of whom shall hold his office for four years, or until his 
successor is elected and qualified, beginning on the first Monday of 
January' next succeeding his election, except that the terms of office 
of those who are elected at the first election, shall begin when the 
state shall be admitted into the Union, and shall end on the First 
Monday of January, A. D. 1893. The officers of the Executive De- 
partment, excepting the Lieutenant-Governor, shall during their terms 
of office reside at the seat of government, where they shall keep the 
public records, books and papers. They shall perform such duties 
as are prescribed in this Constitution and by the laws of the State. 
The State Treasurer shall not be eligible to his office for the suc- 
ceeding term. 



ELECTION LAWS OF MONTANA 9 

Section 2. The officers provided for in Section 1 of this Article, 
shall be elected by the qualified electors of the State at the time and 
place of voting for members of the Legislative Assembly, and the 
persons respectively, having the highest number of votes for the 
office voted for shall be elected; but if two or more shall have an 
equal and the highest number of votes for any one of said offices, the 
two houses of the Legislative Assembly, at its next regular session, 
shall forthwith by joint ballot, elect one of such persons for said 
office. The returns of election for the officers named in Section 1 
shall be made in such manner as may be prescribed by law, and 
all contested elections of the same, other than provided for in this 
section, shall be determined as may be prescribed by law. 

Section 3. No person shall be eligible to the office of Governor, 

Lieutenant-Governor, or Superintendent of Public Instruction, unless 
he shall have attained the age of thirty years at the time of his 
election, nor to the office of Secretary of State, State Auditor, or 
State Treasurer, unless he shall have attained the age of twenty- 
five years, nor to the office of Attorney General unless he shall 
have attained the age of thirty years, and have been admitted to 
practice in the Supreme Court of the State, or Territory of Montana, 
and be in good standing at the time of his election. In addition to 
the qualifications above prescribed, each of the officers named shall 
be a citizen of the United States, and have resided within the State 
or Territory two years next preceding his election. 

ARTICLE VIII 
Judicial Departments 

Section 6. The Justices of the Supreme Court shall be elected by 
the electors of the State at large, as hereinafter provided. 

Section 7. The term of office of the Justices of the Supreme 
Court, except as in this Constitution otherwise provided, shall be six 
years. 

Section 8. There shall be elected at the first general election 
provided for by this Constitution, one Chief Justice and two Associate 
Justices of the Supreme Court. At said first election the Chief Justice 
shall be elected to hold his office until the general election in the 
year one thousand eight hundred ninety-two (1892), and one of the 
Associate Justices to hold office until the general election in the year 
one thousand eight hundred ninety-four (1894), and the other Asso- 
ciate Justice to hold his office until the general election in the year 
one thousand eight hundred ninety-six (1896), and each shall hold 
until his successor is elected and qualified. The terms of office of 
said Justices, and which one shall be Chief Justice, shall at the first 
and all subsequent elections be designated by ballot. After said 
first election one Chief Justice or one Associate Justice shall be elect- 
ed at the general election every two years, commencing in the year 
one thousand eight hundred ninety-two (1892), and if the Legislative 



10 ELECTION LAWS OF MONTANA 

Assembly shall increase the number of Justices to five, the first terms 
of office of such additional Justices shall be fixed by law in such 
manner that at least one of the five Justices shall be elected every 
two years. The Chief Justice shall preside at all sessions of the 
Supreme Court, and in case of his absence, the Associate Justice 
having the shortest term to serve shall preside in his stead. 

Section 9. There shall be a Clerk of the Supreme Court, who 
shall hold his office for the term of six years, except that the clerk 
first elected shall hold his office only until the general election in the 
year one thousand eight hundred ninety-two (1892), and until his suc- 
cessor is elected and qualified. He shall be elected by the electors 
at large of the state, and his compensation shall be fixed by law, 
and his duties prescribed by law, and by the rules of the Supreme 
Court. 

Seciton 10. No person shall be eligible to the office of Justice 
of the Supreme Court, unless he shall have been admitted to practice 
law in the Supreme Court of the Territory or State of Montana, be at 
least thirty years of age, and a citizen of the United States, nor un- 
less he shall have resided in said Territory or State at least two years 
next preceding his election. 

District Courts 

Section 12. The State shall be divided into Judicial Districts, in 
each of which there shall be elected by the electors thereof one Judge 
of the District Court, whose term of office shall be four years, except 
that the District Judges first elected shall hold their offices only 
until the general election in the year one thousand eight hundred 
ninety-two (1892), and until their successors are elected and qualified. 
Any Judge of the District Court may hold court for any other District 
Judge, and shall do so when required by law. 

Section 13. Until otherwise provided by law judicial districts of 
the State shall be constituted as follows: First District, Lewis and 
Clark county; Second District, Silver Bow county; Third District, Deer 
Lodge county; Fourth District, Missoula county; Fifth District, Beaver- 
head, Jefferson and Madison counties; Sixth District, Gallatin, Park 
and Meagher counties; Seventh District, Yellowstone, Custer and 
Dawson counties; Eighth District, Choteau, Cascade and Fergus 
counties. 

Section 16. No person shall be eligible to the office of judge of 
the district court unless he be at least twenty-five years of age and a 
citizen of the United States, and shall have been admitted to practice 
law in the supreme court of the territory or state of Montana, nor un- 
less he shall have resided in this state or territory at least one year 
next preceding his election. He need not be a resident of the district 
for which he is elected at the time of his election, but after his election 
shall rside in the district for which he is elected during his term of 
office. 



ELECTION LAWS OF MONTANA 11 

Section 18. There shall be a clerk of the District Court in each 
county, who shall be elected by the electors of his county. The Clerk 
shall be elected at the same time and for the same term as the 
District Judge. The duties and compensation of the said Clerk 
shall be as provided by law. 

County Attorneys 

Section 19. There shall be elected at the general election in 
each county of the State one County Attorney, whose qualifications 
shall be the same as are required for a Judge of the District Court, 
except that he must be over twenty-one years of age, but need not 
be twenty-five years of age, and whose term of office shall be two 
years, except that the County Attorneys first elected shall hold their 
offices until the general election in the year one thousand eight 
hundred and ninety-two (1892), and until their successors are elected 
and qualified. He shall have a salary to be fixed by law, one-half 
of which shall be paid by the State, and the other half by the county 
for which he is elected, and he shall perform such duties as may be 
required by law. 

Justices of the Peace 

Section 20. There shall be elected in each organized township 
of each county by the electors of such township at least two Justices 
of the Peace, who shall hold their offices, except as otherwise pro- 
vided in this Constitution, for the term of two years. Justices' courts 
shall have such original jurisdiction within their respective counties 
as may be prescribed by law, except as in this Constitution other- 
wise provided; provided, that they shall not have jurisdiction in any 
case where the debt, damage, claim or value of the property in- 
volved exceeds the sum of three hundred dollars. 

Miscellaneous Provisions 

Section 34. Vacancies in the office of Justice of the Supreme 
Court, or Judge of the District Court, or Clerk of the Supreme Court, 
shall be filled by appointment, by the Governor of the State, and 
vacancies in the offices of County Attorney, Clerk of the District 
Court, and Justices of the Peace, shall be filled by appointment, by 
the Board of County Commissioners of the county where such va- 
cancy occurs. A person appointed to fill any such vacancy shall 
hold his office until the next general election and until his successor 
is elected and qualified. A person elected to fill a vacancy shall 
hold office until the expiration of the term for which the person he 
succeeds was elected. 

ARTICLE IX 
Rights of Suffrage and Qualifications to Hold Office 
Section 1. All elections by the people shall be by ballot. 



12 ELECTION LAWS OF MONTANA 

Section 2. Every person of the age of twenty-one years or over, 
possessing the following qualifications, shall be entitled to vote at all 
general elections and for all officers that now are, or hereafter may 
be, elective by the people, and, except as hereinafter provided, upon 
all questions which may be submitted to the vote of the people or 
electors: First, he shall be a citizen of the United States; second, he 
shall have resided in this State one year immediately preceding the 
election at which he offers to vote, and in the town, county or pre- 
cinct such time as may be prescribed by law. If the question sub- 
mitted concerns the creation of any levy, debt or liability the person, 
in addition to possessing the qualifications above mentioned, must 
also be a taxpayer whose name appears upon the last preceding 
completed assessment roll, in order to entitle him to vote upon such 
question. Provided, first, that no person convicted of felony shall 
have the right to vote unless he has been pardoned or restored to 
citizenship by the Governor: provided, second, that nothing herein 
contained shall be construed to deprive any person of the right to 
vote who has such right at the time of the adoption of this Constitu- 
tion; provided, that after the expiration of five years from the time of 
the adoption of this Constitution, no person except citizens of the 
United States shall have the right to vote. 

Section 3. For the purpose of voting no person shall be deemed 
to have gained or lost a residence by reason of his presence or ab- 
sence while employed in the service of the State, or of the United 
States, nor while engaged in the navigation of the waters of the 
State, or of the United States, nor while a student at any institution 
of learning, nor while kept at any almshouse or other asylum at the 
public expense, nor while confined in any public prison. 

Section 4. Electors shall in all cases, except treason, felony or 
breach of peace, be privileged from arrest during their attendance at 
elections and in going to and returning therefrom. 

Section 5. No elector shall be obliged to perform military duty 
on the days of election, except in time of war or public danger. 

Section 6. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this State in conse- 
quence of being stationed at any military or naval place within the 
same. 

Section 7. No person shall be elected or appointed to any office 
in this State, civil or military, who is not a citizen of the United States, 
and who shall not have resided in this State at least one year next 
before his election or appointment. 

Section 8. No idiot or insane person shall be entitled to vote at 
any election in this State. 

Section 9. The Legislative Assembly shall have the power to 
pass a registration and such other laws as may be necessary to se- 
cure the purity of elections and guard against abuses of the elective 
franchise. 



ELECTION LAWS OF MONTANA 13 

Section 10. All persons possessing the qualifications for suf- 
frage prescribed by Section 2 of this Article as amended and such 
other qualifications as the Legislative Assembly may by law pre- 
scribe, shall be eligible to hold the office of County Superintendent of 
Schools or any other school district office. 

Section 11. Any person qualified to vote at general elections 
and for state officers in this State, shall be eligible to any office 
therein except as otherwise provided in this Constitution, and subject 
to such additional qualifications as may be prescribed by the Legis- 
lative Assembly for city offices and offices hereafter created. 

Section 12. Upon all questions submitted to the vote of the tax- 
payers of the State, or any political division thereof, women who are 
taxpayers and possessed of the qualifications for the right of suffrage 
required of men by this Constitution, shall equally with men have 
the right to vote. 

Section 13. In all elections held by the people under this Con- 
stitution, the person or persons who shall receive the highest number 
of legal votes shall be declared elected. 

ARTICLE X 

Public Buildings 

Section 2. At the general election in the year one thousand 
eight hundred and ninety-two, the question of permanent location of 
the seat off government is hereby provided to be submitted to the 
qualified electors of the state, and the majority of all the votes upon 
said question shall determine the location thereof. In case there shall 
be no choice of location at said election, the question of choice be- 
tween the two places for which the highest number of votes shall 
have been cast shall be, and is hereby, submitted in like manner to 
the qualified electors at the next general election thereafter; provided, 
that until the seat of government shall have been permanntly lo- 
catd the temporary seat of government shall be and remain at the 
city of Helena. 

Section 3. When the seat of government shall have been lo- 
cated as herein provided the location thereof shall not thereafter 
be changed, except by a vote of two-thirds of all the qualified elec- 
tors of the State voting on that question at a general election at 
which the question of the location of the seat of government shall 
have been submitted by the Legislative Assembly. 

ARTICLE XI 

Education 

Section 10. The Legislative Assembly shall provide that all 
elections for school district officers shall be separate from those elec- 
tions at which state or county officers are voted for. 



14 ELECTION LAWS OF MONTANA 

ARTICLE XII 

Revenue and Taxation 

Section 9. The rate of taxation on real and personal property 
for State purposes, except as hereinafter provided, shall never ex- 
ceed two and one-half mills on each dollar of valuation; and when- 
ever the taxable property of the State shall amount to six hundred 
million dollars ($600,000,000) the rate shall never exceed two (2) mills 
on each dollar of valuation, unless the proposition to increase such 
rate, specifying the rate proposed and the time during which the rate 
shall be levied shall have been submitted to the people at the gen- 
eral election and shall have received a majority of all votes cast for 
and against it at such election; provided, that in addition to the levy 
for State purposes above provided for, a special levy in addition 
may be made on live stock for the purpose of paying bounties on 
wild animals and for stock inspection, protection and indemnity pur- 
poses, as may be prescribed by law, and such special levy shall be 
made and levied annually in amount not exceeding four mills on the 
dollar by the State Board of Equalization, as may be provided by 
law. 

ARTICLE XIII 

Public Indebtedness 

Section 2. The Legislative Assembly shall not in any manner 
create any debt except by law which shall be irrepealable until the 
indebtedness therein provided for shall have been fully paid or dis- 
charged; such law shall specify the purpose to which the funds so 
raised shall be applied and provide for the levy of a tax sufficient 
to pay the interest on, and extinguish the principal of such debt with- 
in the time limited by such law for the payment thereof; but no debt 
or liability shall be created which shall singly, or in the aggregate 
with any existing debt or liability, exceed the sum of one hundred 
thousand dollars ($100,000) except in case of war, to repel invasion 
or suppress insurrection, unless the law authorizing the same shall 
have been submitted to the people at a general election and shall 
have received a majority of the votes cast for and against it at such 
election. 

Section 5. No county v shall be allowed to become indebted in 
any manner, or for any purpose, to an amount, including existing in- 
debtedness, in the aggregate, exceeding five (5) per centum of the 
value of the taxable property therein, to be ascertained by the last 
assessment for state and county taxes previous to the incurring of 
such indebtedness, and all bonds or obligations in excess of such 
amount given by or on behalf of such county shall be void. No 
county shall incur any indebtedness or liability for any single pur- 
pose to an amount exceeding ten thousand dollars ($10,000) without 
the approval of a majority of the electors thereof, voting at an 
election to be provided by law. 



ELECTION LAWS OF MONTANA 15 

Section 6. No city, town, township or school district shall be 
allowed to become indebted in any manner or for any purpose to 
an amount, including existing indebtedness, in the aggregate ex- 
ceeding five per centum (5%) of !he value of the taxable property 
therein, to be ascertained by the last assessment for state and 
county taxes previous to the incurring of such indebtedness, and all 
bonds or obligations in excess of such amount given by or on behalf 
of such city, town, township or school district shall be void; pro- 
vided, however, that the Legislative Assembly may extend the 
limit mentioned in this Section, by authorizing municipal corpora- 
tions to submit the question to a vote of the taxpayers affected 
thereby, when such increase is necessary to construct a sewerage 
system or to procure a supply of water for such municipality which 
shall own and control said water supply and devote the revenues 
derived therefrom to the payment of the debt. 

ARTICLE XVI 

Counties — Municipal Corporations and Officers 

Section 2. The Legislative Assembly shall have no power to re- 
move the county seat of any county, but the same shall be provided 
for by general law; and no county seat shall be removed unless a 
majority of the qualified electors of the county, at a general election 
on a proposition to remove the county seat, shall vote therefor; but no 
such proposition shall be submitted oftener than once in four years. 

Section 4. In each county there shall be elected three County 
Commissioners, whose term of office shall be six years; provided 
that each county in the State of Montana shall be divided into three 
Commissioner Districts, to be designated as Commissioner Districts, 
numbers one, two and three, respectively. 

The Board of County Commissioners shall in every county in the 
State of Montana, at their regular session, on the first Monday in 
May, 1929, or as soon thereafter as convenient or possible, not ex- 
ceeding sixty days thereafter, meet and by and under the direction 
of the District Court Judge or Judges of said county, divide their 
respective counties into three Commissioner Districts as compact 
and equal in population and area as possible, and number them re- 
spectively, one, two and three, and when such division has been 
made, there shall be filed in the office of the County Clerk and Re- 
corder af such county, a certificate designating the metes and bounds 
of the boundary lines and limits of each of such Commissioner Dis- 
tricts, which certificate shall be signed by said Judge or Judges; pro- 
vided, also that at the first regular session of any newly organized 
and created county, the said Board of County Commissioners, by 
and under the direction of the District Court Judge or Judges of said 
county, shall divide such new county into Commissioner Districts 
as herein provided. 

Upon such division, the Board of County Commissioners shall as- 
sign its members to such districts in the following manner, each 



16 ELECTION LAWS OF MONTANA 

member of the said Board then in service shall be assigned to the 
district in which he is residing or the nearest thereto; the senior 
member of the Board in service to be assigned to the Commissioner 
District No. 1, the next member in seniority to be assigned to Commis- 
sioner District No. 2, and the junior member of the Board to be as- 
signed to Commissioner District No. 3; provided, that at the first gen- 
eral election of any newly created and organized county, the Com- 
missioner for District No. 1, shall be elected for two years, for No. 2, 
for four years, and No. 3, for six years, and biennially thereafter 
there shall be one Commissioner elected to take the place of the re- 
tiring Commissioner, who shall hold his office for six years. 

That the Board of County Commissioners by and under the di- 
rection of the District Court Judge or Judges of said county, for the 
purpose of equalizing in population and area such Commissioner 
Districts, may change the boundaries of any or all of the Commis- 
sioner Districts in their respective county, by filing in the office of the 
County Clerk and Recorder of such county, a certificate signed by 
said Judge or Judges designating by metes and bounds the boundary 
lines of each of said Commissioner Districts as changed, and such 
change in any or all the districts in such county, shall become ef- 
fective from and after filing of such certificate; provided, however, 
that the boundaries of no Commissioner District shall at any time be 
changed in such a manner as to affect the term of office of any 
County Commissioner who has been elected, and whose term of 
office has not expired; and provided, further, that no change in the 
boundaries of any Commissioner District shall be made within six 
months next preceding a general election. 

At the general election to be held in 1930, and thereafter at each 
general election, the member or members of the Board to be elected, 
shall be selected from the residents and electors of the district or dis- 
tricts in which the vacancy occurs, but the election of such member 
or members of the Board shall be submitted to the entire electorate of 
the county, provided, however, that no one shall be elected as a 
member of said Board, who has not resided in said district for at 
least two years next preceding the time when he shall become a 
candidate for said office. 

When a vacancy occurs in the Board of County Commissioners 
the Judge or Judges of the Judicial District in which the vacancy oc- 
curs, shall appoint someone residing in such Commissioner District 
where the vacancy occurs, to fill the office until the next general 
election when a Commissioner shall be elected to fill the unexpired 
term. 

Section 5. There shall be elected in each county the following 
county officers who shall possess the qualifications for suffrage pre- 
scribed by Section 2 of Article IX of this Constitution and such other 
qualifications as may be prescribed by law: 

One county clerk who shall be clerk of the board of county 
commissioners and ex-officio recorder; one sheriff; one treasurer, who 



ELECTION LAWS OF MONTANA 17 

shall be collector of the taxes, provided, that the county treasurer, 
shall not be eligible to his office for the succeeding term; one county 
superintendent of schools; one county surveyor; one assessor; one 
coroner; one public administrator. Persons elected to the different 
offices named in this section shall hold their respective offices for the 
term of four (4) years, and until their successors are elected and 
qualiifed. Vacancies in all county, township and precinct offices, 
except that of county commissioners, shall be filled by appointment 
by the board of county commissioners, and the appointee shall hold 
his office until the next general election; provided, however, that the 
board of county commissioners of any county may, in its discretion, 
consolidate any two or more of the within named offices and com- 
bine the powers and the duties of the said offices consolidated; how- 
ever, the provisions hereof shall not be construed as allowing one 
(1) office incumbent to be entitled to the salaries and emolument of 
two (2) or more offices; provided, further, that in consolidating county 
offices, the board of county commissioners shall, six (6) months prior 
to the general election held for the purpose of electing the aforesaid 
offices, make and enter an order, combining any two (2) or more of 
the within named offices, and shall cause the said order to be pub- 
lished in a newspaper, published and circulated generally in said 
county, for a period of six (6) weeks next following the date of entry 
of said order. 

Section 6. The Legislative Assembly may provide for the elec- 
tion or appointment of such other county, township, precinct and 
municipal officers as public convenience may require and their 
terms of office shall be as prescribed by law, not in any case to ex- 
ceed two years, except as in this Constitution otherwise provided. 

Section 7. The Legislative Assembly may, by general or special 
law, provide any plan, kind, manner or form of municipal govern- 
ment for counties, or counties and cities and towns, or cities and 
towns, and whenever deemed necessary or advisable, may abolish 
city or town government and unite, consolidate or merge cities and 
towns and county under one municipal government, and any limi- 
tations in this Constitution notwithstanding, may designate the name, 
fix and prescribe the number, designation, terms, qualifications, 
method of appointment, election or removal of the officers thereof, 
define their duties and fix penalties for the violation thereof, and fix 
and define boundaries of the territory so governed, and may pro- 
vide for the discontinuance of such form of government when 
deemed advisable; provided, however, that no form of government 
permitted in this section shall be adopted or discontinued until after 
it is submitted to the qualified electors in the territory affected and 
by them approved. 

Section 8. Any county or counties in existence on the first day 
of January, 1935, under the laws of the State of Montana or which 
may thereafter be created or established thereunder shall not be 
abandoned, abolished and/or consolidated either in whole or in part 
or at all with any other county or counies except by a majority vote 



18 ELECTION LAWS OF MONTANA 

of the duly qualified electors in each county proposed to be 
abandoned, abolished and /or consolidated with any other county 
or counties expressed at a general or special election held under 
the laws of said state. 

ARTICLE XIX 

Miscellaneous Subjects and Future Amendments 

Section 8. The Legislative Assembly may at any time, by a 
vote of two-thirds of the members elected to each house, submit to 
the electors of the State the question whether there shall be a con- 
vention to revise, alter, or amend this Constitution; and if a majority 
of those voting on the question shall declare in favor of such con- 
vention, the Legislative Assembly shall at its next session provide 
for the calling thereof. The number of members of the convention 
shall be the same as that of the House of Representatives, and they 
shall be elected in the same manner, at the same places, and in the 
same districts. The Legislative Assembly shall in the Act calling 
the convention designate the day, hour and place of its meeting, 
fix the pay of its members and officers, and provide for the payment 
of the same, together with the necessary expenses of the convention. 
Before proceeding, the members shall take an oath to support the 
Constitution of the United States and of the State of Montana, and 
to faithfully discharge their duties as members of the convention. 
The qualifications of members shall be the same as of the members 
of the Senate, and vacancies occuring shall be filled in the manner 
provided for filling vacancies in the Legislative Assembly. Said con- 
vention shall meet within three months after such election and pre- 
pare such revisions, alterations or amendments to the Constitution as 
may be deemed necessary, which shall be submitted to the electors 
for their ratification or rejection at an election appointed by the con- 
vention for that purpose, not less than two nor more than six months 
after the adjournment thereof; and unless so submitted and ap- 
proved by a majority of the electors voting at the election, no such 
revision, alteration or amendment shall take effect. 

Section 9. Amendments to this constitution may be proposed in 
either house of the Legislative Assembly, and if the same shall be 
voted for by two-thirds of the members elected to each house, such 
proposed amendments, together with the ayes and nays of each 
house thereon, shall be entered in full on their respective journals; 
and the secretary of state shall cause the said amendment or amend- 
ments to be published in full in at least one newspaper in each 
county (if such there be) for three months previous to the next gen- 
eral election for members to the Legislative Assembly; and at said 
election the said amendment or amendments shall be submitted to 
the qualified electors of the state for their approval or rejection and 
such as are approved by a majority of those voting thereon shall be- 
come part of the constitution. Should more amendments than one be 
submitted at the same election, they shall be so prepared and dis- 
tinguished by numbers or otherwise that each can be voted upon 



ELECTION LAWS OF MONTANA 19 

separately; Provided, however, That not more than three amend- 
ments to this constitution shall be submitted at the same election. 

CHAPTER 8 

AERONAUTICS 

Municipal Airports Act 
Tax Levy For Establishment and Operation of Airport 

1-804 (5668.38). Tax levy for establishment and operation of 
airports. For the purpose of establishing, constructing, equipping, 
maintaining and operating airports and landing fields under the 
provisions of this act the county commissioners of the city or town 
council may each year assess and levy in addition to the annual 
levy for general administrative purposes, a tax of not to exceed two 
(2) mills on the dollar of taxable value of the property of said county, 
city or town. In the event of a jointly established airport or landing 
field, the county commissioners and the council or councils involved 
shall determine in advance the levy necessary for such purposes 
and the proportion each political subdivision joining in the venture 
shall pay, based upon the benefits it is determined each shall derive 
from the project. Provided that if it be found that the levy hereby 
authorized will be insufficient for the purposes herein enumerated, 
the commissioners and councils acting are hereby authorized and 
empowered to contract an indebtedness on behalf of such county, 
city or town, as the case may be, upon the credit thereof by borrow- 
ing money or issuing bonds for such purposes, provided that no 
money may be borrowed and no bonds may be issued for such pur- 
pose until the proposition has been submitted to the taxpayers affect- 
ed thereby, and a majority vote be cast therefor. 

CHAPTER 1 

STATE LIQUOR CONTROL ACT 

4-142 (2815.96). Local Option Law— Petition— Time for Election- 
Election to Be Ordered Upon Application of One-Third of the Voters of 
Any County. Upon application by petition, signed by one-third of the 
voters who are qualified to vote for members of the Legislative As- 
sembly in any county in the State, the Board of County Commission- 
ers must order an election to be held at the places of holding elec- 
tions for county officers, to take place within forty days after the re- 
cepton of such petition, to determine whether or not any spirituous 
or malt liquors, wine, or cider, or any intoxicating liquors or drinks 
may be sold within the limits of the county. No election, under this 
section must take place in any month in which general elections are 
held. The Board of County Commissioners must determine on the 
sufficiency of the petition presented from the roll of registered electors 
of the territory affected. 

4-143 (2815.97). Notice of Election. The notice of election must 
be published once a week for four weeks in such newspapers of the 



20 ELECTION LAWS OF MONTANA 

county where the election is to be held as the Board of County Com- 
missioners may think proper. 

4-144 (2815.98). Ballots, What to Contain. The County Clerk 
must furnish the ballots to be used at such election, as provided in 
the general election law, which ballots must contain the following 
words: "Sale of intoxicating liquors, yes"; "Sale of intoxicating 
liquors, no"; and the elector in order to vote must mark an X opposite 
one of the answers. 

4-145 (2815.99). Election, How Held. The polling places must 
be established, the judges and other officers to conduct the election 
must be designated, and the election must be held, canvassed and 
returned in all respects in conformity to the laws of the State. 

4-146 (2815.100). Dealing in Intoxicating Liquors Prohibited If 
Majority of Vote Against Sale. If a majority of the votes cast are "Sale 
of intoxicating liquors, no", the Board of County Commissioners must 
publish the result once a week for four weeks in the paper in which 
the notice of the election was given. The provisions of this Act shall 
take effect at the expiration of the time of the publication of the 
notice, and thereupon all existing licenses shall be cancelled. 

4-147 (2815.101). No election More Than Once in Two Years. No 

election must be held in the same county oftener than once in two 
years thereafter. 

4-148(2815.102). Sale of Liquors Prohibited. If a majority of the 
votes at the election are, "Sale of intoxicating liquors, no," it shall not 
be lawful for any person within the county in which the vote was 
taken, to sell, either directly or indirectly, or give away, to induce 
trade at any place of business, or furnish to any person, any alco- 
holic, spirituous, malt, or intoxicating liquors. 

4-149 (2815.103). Election, How Contested. Any election held 
under the provisions of this Act may be contested in the same 'man- 
ner as provided by the general laws. 

MONTANA BEER ACT 

4-350 (2815.53). Election to Determine Whether or Not Beer 
should Be Sold in County to Be Ordered Upon Application of One- 
third of the Voters. Upon application by petition, signed by one-third 
(Vfe) of the voters who are qualiifed to vote for members of the Legis- 
lative Assembly in any county in the State, the Board of County 
Commissioners must order an election to be held at the places of 
holding elections for county officers, to take place within forty (40) 
days after the reception of such petition, to determine whether or not 
the sale of beer as herein provided for shall be permitted within the 
limits of the county. No election, under this section must take place 
in any month in which the general elections are held. It shall be the 
duty of the Board of County Commissioners to determine the suf- 
ficiency of the petitions presented from an examination of the roll of 
qualified electors within the county. 



ELECTION LAWS OF MONTANA 21 

4-351 (2815.54). Notice of Election. The notice of election must 
be published once a week for four (4) weeks in such newspapers of 
the county where the election is to be held as the Board of County 
Commissioners may think proper. 

4-352 (2815.55). Ballots— What to Contain. The County Clerk 
must furnish the ballots to be used at such election, as provided in 
the general election laws, which ballots must contain the following 
words: "Sale of beer, yes"; "Sale of beer, no." And the elector in 
order to vote must mark an "X" opposite one (1) of the answers. 

4-353 (2815.56). Election— How Held. The polling places must 
be established, the judges and other officers to conduct the election 
must be designated, and the election must be held, canvassed and 
returned in all respects in conformity to the general election laws of 
the State of Montana. 

4-354 (2815.57). Effect When Vote Is Against Sale of Beer. If a 

majority of the votes cast are against the sale of beer the Board of 
County Commissioners must publish the result once a week for four 
(4) weeks in the newspapers in which the notices of election were 
published, and from the date of the election no further licenses to 
vend beer in the county shall be issued by the Board of Equaliza- 
tion, and after the publication of notice proclaiming the result of the 
election as against the sale of beer, all licenses then existing shall be 
cancelled by the State Board of Equalization, and thereafter it shall 
be unlawful to sell any beer in any such county. 

4-355 (2815.58). No Election More Than Once in Two (2) Years. 

No election shall be held in the same county oftener than once in 
any two (2) years. 

4-356 (2815.59). Election — How Contested. Any election held 
under the provisions of this Act may be contested in the same man- 
ner as other elections under the laws of this State. 

CHAPTER 4 

MONTANA RETAIL LIQUOR LICENSE ACT 

4-431. Act When Effective — Protests — Elections. The provisions 
of this Act as to the issuance of licenses as herein provided shall be 
effective thirty (30) days after the passage and approval of this Act. 
In the event that during the said period of thirty (30) days, a duly 
verified petition in writing signed by not less than thirty-five per 
centum (35%) of the registered qualified electors of any county file 
with the Board of County Commissioners their protest against the 
issuance of any licenses as herein provided by the Montana Liquor 
Control Board under the provisions of this Act, then the said Mon- 
tana Liquor Control Board shall not issue any license or licenses 
within said county, except as herein provided. 

The Board of County Commissioners must within five (5) days 
after the filing of said petition, meet and determine the sufficiency of 



22 ELECTION LAWS OF MONTANA 

the petition presented by ascertaining whether or not at least thirty- 
five per centum (35%) of the signers of said petition are registered 
electors of the territory or county affected. The Board of County 
Commissioners must within ten (10) days after the filing of such peti- 
tion, is such petition be sufficient therefor make an order calling an 
election to be held within the county in the manner and at the places 
of holding an election for county offices in such county. Such elec- 
tion to be held on a day fixed by the Board of County Commission- 
ers not more than thirty (30) days after the filing of such petition for 
the purpose of determining whether or not any license for the sale of 
spirituous liquors may be sold within the limits of the county as pro- 
vided by the provisions of this Act. 

4-432. Publication Notice of Election. The notice of election 
must be published once a week for four (4) weeks in such news- 
papers in the county where the electon is to be held as the Board of 
County Commissioners may think proper. 

4-433. Form of Ballots. The County Clerk must furnish the bal- 
lots to be used at such election, as provided in the general election 
law, which ballots must contain the following words: "Sale of alco- 
holic beverages, yes", "Sale of alcoholic beverages, no", and the 
elector in order to vote must mark an "X" opposit one of the answers. 

4-434. Polling Places Conduct of Elections. The polling places 
must be established, the judges and other officers to conduct the 
election must be designated, and the election must be held, can- 
vassed and returned in all respects in conformity to the laws of the 
state. 

4-435. Effect of Election — Penalty— Liquor Store Sales Not Af- 
fected. If a majority of the votes cast are "Sale of alcoholic bever- 
ages, yes", the provisions of this Act shall take effect immediately. 
If a majority of the votes cast are "Sale of alcoholic beverages, no", 
the Board of County Commissioners must publish the result once a 
week for four (4) successive weeks in the paper in which the notice of 
election was given, and at the expiration of the time of the publica- 
tion of such notice all existing licenses shall be cancelled and it shall 
thereupon be unlawful to sell, either directly or indirectly, any liquor 
in such county under penalty of a fine of not more than five hundred 
dollars ($500.00) or by imprisonment in the county jail for a period 
not exceeding six (6) months, or by both such fine and imprisonment; 
provided, however, that nothing herein contained shall be construed 
to prevent or prohibit the sale of liquor at or by a state liquor store 
under the Liquor Control Act. 

4-436. Contest of Election. Any election held under the pro- 
visions of the Act may be contested in the same manner as provided 
by the general election laws. 

4-437. Restriction on Holding Second Election. If no petition 
protesting against the issuance of licenses as herein provided be 
filed with the Board of County Commissioners within thirty (30) days 



ELECTION LAWS OF MONTANA 23 

after the passage and approval of this Act, or if a majority of the 
votes cast at any election held in pursuance of the filing of said 
petition as herein provided, are "Sale of alcoholic beverages, no", 
then there shall not be submitted to the qualified electors of said 
county any other or further question as to the sale of alcoholic 
beverages within said county for a period of two (2) years from and 
after the date of the filing of said petition protesting the issuance of 
said license as herein provided with the Board of County Commis- 
sioners. 

CHAPTER 2 

PUBLIC CEMETERY DISTRICT ACT 

9-201. Public Cemetery District Act. There is hereby deemed 
and declared a public Cemetery District Act for the State of Montana. 
A cemetery District may contain the entire territory embraced within 
a county or any portion or subdivision thereof. 

9-202. Petition to Board of County Commissioners. Whenever a 
petition, signed by not less than twenty (20%) per cent of the citizens 
who are owners of land located within a proposed Cemetery District, 
whose names appear as such owners of land upon the last com- 
pleted assessment roll of the county in which said proposed District 
is situated, which petition shall definitely describe the boundaries of 
the proposed District and request that the territory within said 
boundaries be organized into a public Cemetery District, the petition 
shall be presented to the Board of County Commissioners of the 
county in which the proposed district is situated, at a regular or spe- 
cial meeting of said Board. The said Board of County Commission- 
ers, by resolution, shall fix a time for the hearing of said petition at 
not less than two (2) nor more than five (5) weeks from time of pre- 
sentation thereof, and shall cause notice to be given of the time and 
place of said hearing by publication as prescribed by law, for not 
less than two (2) weeks prior to the time of said hearing. Said notice 
shall state that any person residing in or owning property within said 
proposed District or within any existing Cemetery District, any part 
of the territory of which is described in said petition, may appear 
before said Board at the hearing and show cause why the said Dis- 
trict should not be created or the proposed boundaries changed. 

9-203. Hearing. At the time fixed for said hearing, the Board 
shall determine whether or not it complies with the requirements 
hereinbefore set forth and whether or not the notice required herein 
has been publishd as required, and must hear all competent and 
relevant testimony offered in support of or in opposition thereto. Said 
hearing may be adjourned from time to time for the determination 
of said facts, not to exceed two (2) weeks in all. 

9-204. Final Hearing. If the Board of County Commissioners 
shall determine that the petitioners have complied with the require- 
ments herein set forth and that the notice required has been pub- 
lished, it shall thereupon proceed to a final hearing of the matter. 



24 ELECTION LAWS OF MONTANA 

Said Board shall make such changes in the boundaries of the pro- 
posed District as it may deem advisable and shall define and es- 
tablish such boundaries, as described in the petition and shall call an 
election. 

9-205. Order of Board as Respects Election. The Board, must in 
its order, designate whether or not a special election shall be held, 
or whether the matter shall be determined at the next general election. 
If a special election is ordered, the Board must, in its order, specify 
the time and place for such election, the voting place, and shall in 
said order appoint and designate judges and clerks therefor. The 
election shall be held in all respects as nearly as practicable in con- 
formity with the general election laws: and provided, further, that the 
polls shall be open from eight (8) o'clock A. M. to six (6) o'clock P. M., 
on the day appointed for such election. At such election, the ballots 
must contain the words 'Cemetery District, Yes', and 'Cemetery Dis- 
trict, No'. The judges of the election shall certify to the Board of 
County Commissioners the results of said election. 

9-206 Favorable Vote — Commissioners to Organize District. In 

the event that a majority of the votes cast are in favor of the formation 
of said Cemetery District, the Board of County Commissioners shall 
proceed with the organization thereof as herein specified. 

9-207. Government of District — Appointment and Terms of 
Trustees. Said Cemetery District shall be governed and managed 
by three (3) Trustees, appointed by the Board of County Commis- 
sioners. The Trustees shall be appointed from the freeholders resid- 
ing within said District for terms of one (1), two (2) and three (3) 
years respectively, and until their successors shall be appointed 
and qualified. Annually thereafter the Board of County Commis- 
sioners shall appoint one Trustee for a term of three (3) years or 
until his successor shall be appointed and qualified. The Trustees 
at their first meeting shall adopt by-laws for the government and 
management of the district. They shall serve without pay. 

9-208. Powers of District. Said District may maintain a ceme- 
tery or cemeteries within said District; may hold title to property by 
grant, gift, devise, lease, or any other method; and perform all acts 
necessary or proper for the carrying out of the purposes of this Act, 
including the selling or leasing of burial lots. 

9-209. Budget and Tax Levy. The Board of Cemetery Trustees 
shall annually present a budget to the Board of County Commis- 
sioners at the regular meetings as prescribed by law. The Board of 
County Commissioners must annually, at the time of levying county 
taxes, fix and levy upon all property within said Cemetery District, 
sufficient to raise the amount certified by the Board of Cemetery 
Trustees to be raised by a tax on the property of said District. The 
tax so levied shall not exceed two (2) mills on each dollar of taxable 
valuation on the property of said District. 

(As amended by Chapter 93, Laws of 1951). 



ELECTION LAWS OF MONTANA 25 

9-210. Regulations. The Trustees shall make proper rules and 
regulations for the management of the cemeteries. The procedure 
of the collecting of the tax and the distribution of the funds shall be 
in accordance with existing laws of the State of Montana. 

9-211. Withdrawal of Portion of District, Petition For. Any por- 
tion of public Cemetery District may be withdrawn therefrom as in 
this Section provided, upon receipt of a petition signed by fifty (50) 
or more free holders residing in, or owning property within the 
portion desired to be withdrawn by any public Cemetery District or 
by a majority of such freeholders, if there are less than one hundred 
(100) residing within the portion sought to be withdrawn, on the 
grounds that such portion will not be benefited by remaining in said 
District. The Board of County Commissioners shall fix a time for the 
hearing of such withdrawal petition which shall not be more than 
sixty (60) days after the receipt thereof. The said Board shall, at 
least thirty (30) days prior to the time so fixed, publish a notice of 
such hearing for two (2) issues as provided by law. 

9-212. Hearing. Any person interested may appear at said 

hearing and present objections to the withdrawal of said portion from 
said District. The Board shall consider all objections, pass upon the 
merits thereof and make an order in accordance therewith. This order 
is subject to review by any court of competent jurisdiction. 

9-213. Alteration of Boundaries. The boundaries of any such 
Public Cemetery District may be altered and outlying districts be 
annexed thereto in the following manner: A petition signed by 
fifty (50) or more freeholders within the territory proposed to be 
annexed, or by a majority of such freeholders if there are less than 
one hundred (100) residing within the portion proposed to be annexed, 
designating the boundaries of such contiguous territory proposed to 
be annexed and asking that it be annexed to said Public Cemetery 
District, shall be presented to the Board of County Commissioners 
of the county in which said Public Cemetery District is situated. 

9-214. Notice, Publication of. At the first regular meeting after 
the presentation of said petition, said Board of County Commissioners 
shall cause notice of said petition to be published according to law 
for two (2) weeks prior to the date to be fixed by said Board for the 
hearing of said petition. Upon the date fixed for such hearing or 
continuance thereof said Board shall take up and consider said 
petition and any objections which may be filed to the inclusion of 
any property in said District. 

9-215. Power of County Commissioners. Said Board of County 
Commissioners shall have the power by order entered on its minutes 
to grant said petition either in whole or in part, and by order entered 
on its minutes to alter the boundaries of said Public Cemetery District 
and to annex thereto, all, or such portion of said territory described 
in said petition as will be benefited thereby. This territory shall 
become and be a part of such Public Cemetery District and shall be 
taxed, together with the remainder of said District, for all taxes to be 



26 ELECTION LAWS OF MONTANA 

thereafter levied by said Board of County Commissioners for the 
operation and maintenance of said Public Cemetery District. 

CHAPTER 2 

CLASSIFICATION AND ORGANIZATION OF CITIES 

AND TOWNS 

11-203 (4961). Organization of Cities and Towns — Petition and 
Census. Whenever the inhabitants of any part of a county desire 
to be organized into a city or town, they may apply by petition in 
writing, signed by not less than fifty qualified electors, residents of 
the State, and residing within the limits of the proposed incorporation, 
to the Board of County Commissioners of the county in which the 
territory is situated, which petition must describe the limits of the 
proposed city or town, and of the several wards thereof, which must 
not exceed one square mile for each five hundred inhabitants resi- 
dent therein. The petitioners must annex to the petition a map of 
the proposed territory to be incorporated, and state the name of the 
city or town. The petition and map must be filed in the office of 
the County Clerk. Upon filing the petition, the Board of County 
Commissioners, at its next regular or special meeting, must appoint 
some suitable person to take a census of the residents of the territory 
to be incorporated. After taking the census, the person appointed 
to take the same must return the list to the Board of County Commis- 
sioners, and the same must be filed by it in the County Clerk's office. 
No municipal corporation must be formed unless the number of 
inhabitants is three hundred or upwards. 

11-204 (9462). Election — How Conducted. After filing the peti- 
tion and census, if there be the requisite number of inhabitants for 
the formation of a municipal corporation, as required in the preceding 
section, the County Commissioners must call an election of all the 
qualified electors residing in the territory, described in the petition. 
Said election must be held at a convenient place within the territory 
described in the petition, to be designated by the Board, notice of 
which election must be given by publication in some newspaper 
published within the limits of the territory to be incorporated, or, 
if none be published therein, by posting notice in three public places 
within said limits. The notice must be published thirty days prior 
to the election, and must specify the time and place when and where 
the same is held, and contain a description of the boundries of 
the city or town. The Board must appoint judges and clerks of 
election, who must qualify as required by law, and after the election 
they must report the result to the Board, together with the ballots 
cast at said election. The ballots used at the election must be "For 
incorporation" or "Against incorporation," and all elections must 
be conducted as provided in Title 23 of this Code. 

11-205 (4963). First Election for Officers. When the incorpora- 
tion of a city or town is completed, the Board of County Commis- 
sioners must give notice for thirty days in a newspaper published 



ELECTION LAWS OF MONTANA 27 

within the limits of the city or town, or, if none be published therein, 
by posting notices in six public places within the limits of the cor- 
poration, of the time and place or places of holding the first election 
for offices of the corporation. At such election all the electors 
qualified by the general election laws of the State, and who have 
resided within the limits of the city or town for six months, and 
within the limits of the ward for thirty days preceding the election, 
are qualified electors and may choose officers for the city or town, 
to hold office as prescribed in the next succeeding section. 

1 1-206 (4964). Officers Elected and Conduct of Election. At such 
election there must be elected, in a city of the first class, a Mayor, a 
Police Judge, a City Attorney, a City Treasurer, a City Marshal, and 
two Aldermen from each ward into which the city may be divided; 
in a city of the second class, a Mayor, a Police Judge, a City 
Treasurer, a City Marshal, and two Aldermen from each ward; in 
a town, a Mayor, and two Aldermen from each ward, who hold 
office until the first Monday of May after the first annual election, 
and until their successors are elected and qualified. The persons 
so elected must qualify in the manner prescribed by law for county 
officers. The Board of County Commissioners must appoint judges 
and clerks of election, and canvass and declare the result thereof. 
The election must be conducted in the manner required by law for 
the election of county officers. 

11-209 (4967). Old Officers Continue in Office— Election. All 

officers of such city or town holding office at the time of the adoption 
of this Code remain in office until the next annual election and the 
first Monday of May next ensuing thereafter, and until their succes- 
sors are elected and qualified. The duties and compensation of 
such officers and the liabilities of sureties on official bonds remain 
the same. All elections must be held under the provisions of this 
Code relative to the government of cities and towns. 

CHAPTER 3 

CHANGES OF CLASSIFICATION OF CITIES AND TOWNS 

11-303 (4971). New Officers— Election. The first election of 
officers of the new municipal corporation organized under the pro- 
visions of this chapter must be at the first annual municipal election 
after such proceedings, and the old officers remain in office until 
the new officers are elected and qualified. 

CHAPTER 4 

ADDITIONS OF PLATTED TRACTS TO CITIES 
AND TOWNS 

11-405 (4979). Election on Question of Annexation. When a 
city or town desires to be annexed to another and contiguous city or 
town, the council of each thereof must appoint three commissioners 
to arrange and report to the municipal authorities respectively, the 
terms and conditions on which the annexation can be made, and if 



28 ELECTION LAWS OF MONTANA 

the City or Town Council of the municipal corporation to be annexed 
approves of the terms thereof, it must by ordinance so declare, and 
thereupon submit the question of annexation to the electors of the 
respective cities or towns. If a majority of the electors vote in favor 
of annexation, the Council must so declare, and a certified copy of 
the proceedings for annexation and of the ordinances must be filed 
with the Clerk of the county in which the cities or towns so annexed 
are situated, and when so filed the annexation is complete, and the 
city or town to which the annexation is made has power, in addition 
to other powers conferred by this title, to pass all necessary ordi- 
nances to carry into effect the terms of the annexation. Such annexa- 
tions do not affect or impair any rights, obligations, or liabilities 
then existing, for or against either of such cities or towns. 

CHAPTER 5 

ALTERATION OF BOUNDARIES OF 
CITIES AND TOWNS 

11-506 Alteration of Boundaries of Cities and Towns — Inclusion 
of Territory — Petition and Election. 

(1) The boundaries of any incorporated town or city, whether 
heretofore or hereafter formed, may be altered and new territory 
or territories annexed thereto, incorporated and included therein, 
and made a part thereof, upon procedings being had and taken as 
in this Act provided. The Council, or other Legislative body of any 
such municipal corporation, upon receiving a written petition therefor 
containing a description of the new territory or territories asked to 
be annexed to such corporation, and signed by not less than thirty- 
three and one-third per cent (33 1 /3%) of the resident free holder 
electors of the territory proposed to be annexed must, without delay, 
submit to the electors of such municipal corporation and to the 
electors residing in the territory or territories proposed by such 
petition to be annexed to such corporation, the question whether 
such new territory or territories shall be annexed to, incorporated in, 
and made a part of said municipal corporation. 

(2) Such question may be so submitted at the next general 
municipal election to be held in such municipal corporation, or it 
may be so submitted prior to such general election, either at a special 
election called therein for that purpose, or at any other municipal 
election therein, except an election at which the submission of such 
question is prohibited by law; and such council or legislative body 
is hereby empowered to and it shall be its duty to cause notice to be 
given of such election by the publication of a notice thereof in a 
newspaper printed and published in such municipal corporation at 
least one week for a period of three (3) successive weeks next pre- 
ceding the date of such election, or if there is no newspaper printed 
in such municipal corporation, then such notice shall be published 
in a like manner for a like period in the nearest town or city in the 
county in which said territory or territories to be annexed is situated, 



ELECTION LAWS OF MONTANA 29 

in which such newspaper is printed. Such notice shall distinctly 
state the proposition to be submitted, i.e., that it is proposed to annex 
to, incorporate in, and make a part of such municipal corporation 
the territory or territories sought to be annexed, specifically des- 
cribing the boundaries thereof; and in said notice the qualified 
electors of said municipal corporation, and the qualified electors 
residing in said territory or territories so proposed to be annexed, 
shall be invited to vote upon such proposition by placing upon their 
ballots the words "for annexation" or "against annexation", or words 
equivalent thereto. 

(3) Such council or legislative body is hereby empowered, and 
it shall be its duty, to establish, and in such notice of election desig- 
nate the voting precinct or precincts, the date of said election, the 
place or places at which, and the hours between which the polls 
will be opened for such election, and such other information 
regarding said election as the said council or legislative body may 
deem proper. Such place or places shall be that or those commonly 
used as voting places within such municipal corporation, and also 
that or those commonly used by the electors residing in such new 
territory or territories. 

11-507. Submission of question of Annexation — Election, How 
Conducted and Returned — Annexation When Complete. 

(1) If the question of annexation is submitted at a special 
election called for such purpose, the city or town council, or other 
legislative body, shall fix the hours through which the polls are to be 
kept open, which shall be not less than eight (8), and which must be 
stated in the notice of election, and may appoint a smaller number 
of judges than is required at a general city or town election, but in 
no case shall there be less than three (3) judges in a precinct and 
such judges shall act as their own clerks. If the question of annex- 
ation is submitted at a general city or town election, the polls shall 
be kept open during the same hours as are fixed for the general 
election, and the judges and clerks for such general election shall 
act as the judges and clerks thereof. 

(2) Whenever the question of annexation under this title is 
submitted at either a general city or town election, or at a special 
election, separate ballots, white in color and of convenient size, shall 
be provided therefor. The election shall be conducted, and the 
returns made in the same manner as other city or town elections; 
and all election laws governing city and town elections shall govern 
insofar as they are applicable, but if such question be submitted at 
a general city or town election, the votes thereon must be counted 
separately, and separate returns must be made by the judges and 
clerks at such election. If the said annexation election is held at the 
same time as a general city or town election, then the returns shall 
be canvassed by the city or town council at the same time as the 
returns for such general election; but if the question of annexation 
is submitted at a special election, then the city or town council shall 



30 ELECTION LAWS OF MONTANA 

meet within ten (10) days after the date of the holding of such special 
election and canvass the returns. 

(3) If it is found that a majority of such votes were cast in favor 
of the annexation, the city or town council, or other legislative body 
shall, at a regular or special meeting held within thirty (30) days 
thereafter, pass and adopt a resolution providing for such annexation. 
Such resolution shall recite that a petition has been filed with the 
said council or other legislative body with a sufficient number of 
signatures of thirty- three and one- third per cent (33 J /3%) of the resident 
free holder electors of the territory proposed to be annexed; a de- 
scription of the boundaries of the territory or territories to be annexed; 
a copy of the resolution ordering a general or special election there- 
of, as the case may be; a copy of the notice of such election; the 
time and result of the canvass of the votes received in favor of 
annexation, and the number thereof cast against annexation; and 
that the boundaries of such city or town, by such resolution, shall 
be extended so as to embrace and include such territory or territories 
as the same are described in the petition for annexation, which 
said resolution shall be incorporated in the minutes of said council 
or legislative body. 

(4) The clerk or other officer performing the duties of clerk of 
such council or legislative body, shall promptly make and certify 
under the seal of said municipal corporation, a copy of said record 
so entered upon said minutes, which document shall be filed with 
the clerk of the county in which the city or town to which said 
territory or territories are sought to be annexed, is situated. From 
and after the date of the filing of said document in the office of the 
said county clerk, the annexation of such territory or territories so 
proposed to be annexed shall be deemed and shall be complete and 
thenceforth such annexed territory or territories shall be, to all intents 
and purposes, a part of said municipal corporation, and the said 
city or town to which the annexation is made, has the power to pass 
all necessary ordinances pertaining thereto. 

11-508 Territory Which May Not Be Annexed. No territory 
which, at the time such petition for such proposed annexation is 
presented to such council or legislative body, forms any part of 
any incorporated town or city, shall be annexed under the provisions 
of this Act. 

11-509. Lands Used For Certain Purposes May Not Be Annexed. 

No parcel of land which, at the time such petition for such proposed 
annexation is presented to such council or legislative body, is used 
in whole or in part for agricultural, mining, smelting, refining, trans- 
portation, or any industrial or manufacturing purpose or any pur- 
pose incident thereto, shall be annexed under the provisions of this 
Act. 

11-510 Act Applicable to Cities of What Population. This Act 
shall not be applicable to cities having a population, as shown by 
the last preceding federal census of less than twenty thousand 
(20,000) and not more than thirty-five thousand (35,000) and shall 



ELECTION LAWS OF MONTANA 31 

not repeal Section 11-403, having reference to extension of the 
corporate limits of cities of the first, second and third classes to in- 
clude contiguous land, but is intended and does provide an alterna- 
tive method for the annexation of territory or territories to municipal 
corporations. When any proceedings for annexation of territory 
or territories to any municipal corporation are commenced under 
this Act the provisions of this Act and of such amendments thereto 
as may thereafter be adopted, and no other, shall apply to such 
proceedings. 

CHAPTER 7 

CITIES AND TOWNS 

OFFICERS AND ELECTIONS 

11-701 (4995). Officers of City of the First Class. The officers 

of a city of the first class consist of one Mayor, two Aldermen for 
each ward, one Police Judge, one City Treasurer, who may be ex- 
officio Tax Collector, who must be elected by the qualified electors 
of the city as hereinafter provided. There may also be appointed 
by the Mayor, with the advice and consent of the Council, one 
City Attorney, one City Clerk, one Chief of Police, one Assessor, 
one Street Commissioner, one City Jailor, one City Surveyor, and 
whenever a paid fire department is established in such city, a Chief 
Engineer and one or more assistant engineers, and any other officers 
necessary to carry out the provisions of this title. The City Council 
may, by ordinance, prescribe the duties of all city officers and fix 
their compensation, subject to the limitations contained in this title. 

11-702 (4996). Officers of City of Second and Third Classes. 

The officers of a city of the second and third classes consist of one 
Mayor, two Aldermen from each ward, one Police Judge, one City 
Treasurer, who maw be ex-officio Tax Collector, who must be elected 
by the qualified electors of the city as hereinafter provided. There 
may also be appointed by the Mayor, with the advice and consent 
of the Council, one City Clerk, who is ex-officio City Assessor, one 
Chief of Police, one City Attorney, and any other officer necessary to 
carry out the provisions of this title. The City Council may prescribe 
the duties of all city officers, and fix their compensation, subject to 
the limitations contained in this title. 

1 1-703 (4997). Officers of Towns. The officers of a town consist 
of one Mayor and two Aldermen from each ward, who must be 
elected by the qualified electors of the town as hereinafter provided. 
There may be appointed by the Mayor, with the advice and consent 
of the Council, one clerk, who may be ex-officio Assessor and a 
member of the Council, and one Treasurer, who may be ex-officio 
Tax Collector, and one Marshal, who may be ex-officio Street Com- 
missioner, and any other officers necessary to carry out the provi- 
sions of this title. The Town Council may prescribe the duties of all 
town officers, and fix their compensation, subject to the limitations 
contained in this title. 



32 ELECTION LAWS OF MONTANA 

11-707 (5001). City or Town to Be Divided Into Words. The 

first City or Town Council elected under the provisions of this title 
must divide the city or town into wards for election and other pur- 
poses, having regard to population so as to make them as nearly 
equal as possible. 

11-708(5002). Division of Cities and Towns Into Wards. Cities 
of the first class must be divided into not less than four nor more 
than ten wards; cities of the second class into not less than three 
nor more than six wards; and cities of the third class into not less 
than two or more than four wards; and towns into not less than two 
nor more than three wards. Provided, however, that the town 
council may by ordinance reduce the number of wards in a town to 
only one if it so desires. All changes in the number and boundaries 
of wards must be made by ordinance, and no new ward must be 
created unless there shall be within its boundaries one hundred and 
fifty electors, or more. 

11-709 (5003). Annual Election in Cities and Towns — Terms of 
Office. On the first Monday of April of every second year a munici- 
pal election must be held, at which the qualified electors of each 
town or city must elect a Mayor and two Aldermen from each ward, 
to be voted for by the wards they respectively represent; the Mayor 
to hold office for a term of two (2) years, and until the qualification of 
his successor, and each Alderman so elected to hold office for a 
term of two (2) years, and until the qualification of his successor; 
and also in cities of the first, second and third class, a Police Judge 
and a City Treasurer, who shall hold office for a term of two (2) years, 
and until the qualification of their successors; provided, however, that 
in all cities and towns when the term of office of the incumbent 
Mayor, Alderman, Police Judge or City Treasurer will not expire 
until the first Monday in May, 1936, a special election must be held 
on the first Monday in April, 1936, at which election a successor to 
such Mayor, Alderman, Police Judge or City Treasurer shall be 
elected for a term of one (1) year, and thereafter no election shall be 
held for the election of city officers, except every second year. 

11-710(5004). Qualification of Mayor. No person shall be eligi- 
ble to the office of Mayor unless he shall be at least twenty-five 
years old and a taxpaying freeholder within the limits of the city, 
and a resident of the State for at least three years, and a resident 
of the city for which he may be elected Mayor two years next pre- 
ceding his election to said office, and shall reside in the city or town 
for which he shall be elected Mayor during his term of office. 

11-711 (5005). Terms of Aldermen— How Decided. At the first 
annual election held after the organization of a city or town under 
this title, the electors of such city or town must elect two Aldermen 
from each ward, who must, at the first meeting of the Council, decide 
by lot their terms of office, one from each ward to hold for a term of 
two years, and one for the term of one year, and until qualification 
of their successors. 



ELECTION LAWS OF MONTANA 33 

11-712 (5006). Terms of Office— When to Begin. The terms of 
all officers elected at a municipal election are to commence on the 
first Monday in May after such election. 

11-713 (5007). Who Eligible. No person is eligible to any mu- 
nicipal office, elective or appointive, who is not a citizen of the United 
States, and who has not resided in the town or city for at least two 
years immediately preceding his election or appointment, and is not 
a qualified elector thereof. 

11-714 (5008). Qualification of Aldermen. No person shall be 
eligible to the office of Alderman unless he shall be a taxpaying 
freeholder within the limits of a city, and a resident of the ward so 
electing him for at least one year preceding such election. 

11-715 (5009). Registration of Electors. The Council must pro- 
vide by ordinance for the registration of electors in any city or town, 
and may prohibit any person from voting at any election unless he 
has been registered; but such ordinance must not be in conflict with 
the general law providing for the registration of electors, and must 
not change the qualifications of electors except as in this title pro- 
vided. 

11-716 (5010). Qualifications of Electors. All qualified electors 

of the State who have resided in the city or town for six months and 
in the ward for thirty days next preceding the election are entitled 
to vote at any municipal election. 

11-717 (5011). Election Judges and Clerks — Voting Places. The 

Council or other governing body must appoint judges and Clerks 
of election, and places of voting. Where the city or town is di- 
vided into wards there must be at least one voting place in each 
ward and there may be as many more as the Council or other 
governing body shall fix, and the elector must vote in the ward 
in which he resides. In cities and towns divided into wards the 
election precincts must correspond with the wards, but a ward may 
be subdivided into several voting precincts, and when so divided 
the elector shall vote in the precinct in which he resides. In cities 
and towns operating under the commission, or the commission- 
manager plan of municipal government, where there are no wards 
for election purposes and the officers of the city or town are elected 
at large, the election precincts shall correspond with the election 
precincts in such city or town as fixed by the Board of County Com- 
missioners for State and county elections, but such precincts may 
be by the city commission divided into as many voting precincts, to 
facilitate the voting and counting of the vote, as the city commission 
shall by ordinance provide, and the elector shall vote in the voting 
precinct so designated, in which he resides. For all municipal 
elections the City Council or other governing body may appoint a 
second or additional Board of Election Judges for any voting precinct 
in which there were cast three hundred and fifty (350) or more votes 
in the last general city election or in which Council or other govern- 
ing body believes as many as three hundred and fifty (350) ballots 
will be cast in the next general city election, and such additional 



34 ELECTION LAWS OF MONTANA 

Board of Election Judges shall have the same powers and duties, 
and under the same conditions, as the second or additional Board of 
Election Judges for general elections appointed by Boards of County 
Commissioners under the provision of Section 23-601. In all cities 
and towns where voting machines are used, the City Council or other 
governing body must arrange the precincts so that there will be no 
more than six hundred (600) votes in any voting precinct. Provided 
that in municipal corporations of less than one thousand five hundred 
(1,500) population, as determined by the last official census the 
council or other governing body may by ordinance provide that there 
shall be but one polling or voting place for municipal elections, not- 
withstanding the number of wards or precincts in the municipality 
otherwise provided for. All municipal elections must be conducted in 
accordance with the general laws of the State of Montana relating 
to such election. 

11-718 (5012) Canvass — When and How Made. On the 

Monday following any election, the Council must convene and pub- 
licly canvass the result, and issue certificates of election to each 
person elected by a plurality of votes. When two or more persons 
have received an equal and highest number of votes for any one 
of the offices voted for, the Council must thereafter, at its first regular 
meeting, decide by vote between the parties which is elected. If 
the Council from any cause fails to meet on the day named, the 
Mayor must call a special meeting of the Council within five days 
thereafter, and, in addition to the notice provided for calling special 
meetings, must publish the same on two successive days in some 
newspaper published in such city or town. If the Mayor fails to 
call said meeting within said five days, any three Councilmen may 
call it. At such special meeting all elections, appointments, or 
other business may be transacted that could have been on the day 
first herein named. 

11-719 (5013). Oath and Bonds — Vacancy. Each officer of a 
city or town must take the oath of office, and such as may be 
required to give bonds, file the same, duly approved, within ten 
days after receiving notice of his election or appointment; or, if no 
notice be received, then on or before the date fixed for the assumption 
by him of the duties of the office to which he may have been elected 
or appointed, but if any one, either elected or appointed to office, 
fails for ten days to qualify as required by law, or enter upon his 
duties at the time fixed by law, then such office becomes vacant; 
or if any officer absents himself from the city or town continuously 
for ten days without the consent of the Council, or openly neglects 
or refuses to discharge his duties, such office may be by the Council 
declared vacant; or if any officer removes from the city or town, or 
any Alderman from his ward, such office must be by the Council 
declared vacant. 

1 1-720 (5014). When Duties of Office Begin. The officers elected 
enter upon their duties the first Monday of May succeeding their 
election, and officers appointed by the Mayor, with the advice and 



ELECTION LAWS OF MONTANA 35 

consent of the Council, within ten days after receiving notice of their 
appointment. 

11-721 (5015). Vacancies— How Filled— Removal of Officer. When 
any vacancy occurs in any elective office, the Council, by a majority 
vote of the members, may fill the same for the unexpired term, and 
until the qualification of the successor. A vacancy in the office of 
Alderman must be filled from the ward in which the vacancy exists, 
but if the Council shall fail to fill such vacancy before the time for the 
next election, the qualified electors of such city or ward may nomi- 
nate and elect a successor to such office. The Council, upon 
written charges to be entered upon their journal, after notice to the 
party and after trial by the Council, by vote of two-thirds of all the 
members elect, may remove any officer. 

CHAPTER 9 

11-964 (5039.61). Disposal or Lease of City Property— Approval 
of Electors, When Required. The City or Town Council has power; 
to sell, dispose of, or lease any property belonging to a city or town, 
provided, however, that such lease or transfer be made by ordinance 
or resolution passed by a two-thirds vote of all the members of the 
Council; and provided further that if such property be held in trust 
for a specific purpose such sale or lease thereof be approved by a 
majority vote of taxpayers of such municipality cast at an election 
called for that purpose; and provided further that nothing herein 
contained shall be construed to abrogate the power of the Board of 
Park Commissioners to lease all lands owned by the city heretofore 
acquired for parks within the limitations prescribed by sub-division 
5 of Section 62-204. 

11-966 (5039.63). Purpose for Which Indebtedness May Be In- 
curred — Limitation — Additional Indebtedness for Sewer or Water 
System — Procuring Water Supply and System — Jurisdiction of Public 
Works Appurtenances. The City or Town Council has power: (1) 
To contract an indebtedness on behalf of a city or town, upon the 
credit thereof, by borrowing money or issuing bonds for the following 
purposes, to-wit: Errection of public buildings, construction of sewers, 
bridges, docks, wharves, breakwaters, piers, jetties, moles, water- 
works, lighting plants, supplying the city or town with water by 
contract, the purchase of fire apparatus, the construction or purchase 
of canals or ditches and water rights for supplying the city or town 
with water, and the funding of outstanding warrants and maturing 
bonds; provided, that the total amount of indebtedness authorized 
to be contracted in any form, including the then existing indebted- 
ness, must not, at any time, exceed three per centum (3%) of the 
total assessed valuation of the taxable property of the city or town, 
as escertained by the last assessment for State and county taxes; 
provided, that no money must be borrowed on bonds issued for the 
construction, purchase, or securing of a water plant, water system, 
water supply, or sewerage system, until the proposition has been 
submitted to the vote of the taxpayers affected thereby of the city 



36 ELECTION LAWS OF MONTANA 

or town, and the majority vote cast in favor thereof; and, further 
provided, that an additional indebtedness shall be incurred, when 
necessary, to construct a sewerage system or procure a water supply 
for the said city or town, which shall own or control said water 
supply and devote the revenue derived therefrom to the payment of 
the debt. 

(2) The additional indebtedness authorized, including all in- 
debtedness heretofore contracted, which is unpaid or outstanding, for 
the construction of a sewerage system, shall not exceed ten per 
centum (10%) over and above the three per centum (3%) heretofore 
referred to, of the total assessed valuation of the taxable property 
of the city or town as ascertained by the last assessment for State 
and County taxes; and, provided further, that the above limit of 
three per centum (3%) shall not be extended, unless the question shall 
have been submitted to a vote of the taxpayers affected thereby, 
and carried in the affirmative by a vote of the majority of said 
taxpayers who vote at such election. 

(3) It is further provided, that whenever a franchise has been 
granted to, or a contract made with, any person or persons, corpor- 
ation or corporations, and such person or persons, corporation or 
corporations, in pursuance thereof, or otherwise, have established 
or maintained a system of water supply, or have valuable water 
rights or a supply of water desired by the city or town for supplying 
the said city or town with water, the city or town granting such 
franchise or entering into such contract or desiring such water supply, 
shall, by the passage of an ordinance, give notice to such person or 
persons, corporation or corporations, that it desires to purchase the 
plant and franchise and water supply of such person or persons, 
corporation or corporations, and it shall have the right to so pur- 
chase the said plant or water supply, upon such terms as the parties 
agree; in case they cannot agree, then the city or town shall proceed 
to acquire the same under the laws relating to the taking of private 
property for public use, and any city or town acquiring property 
under the laws relating to the taking of private property for public 
use, shall make payment to the owner or owners of the plant or 
water supply of the value thereof legally determined, within six 
months from and after final judgement is entered in the condemnation 
proceedings. For the purpose of providing the city or town with an 
adequate water supply for municipal and domestic purposes, the 
City or Town Council shall procure and appropriate water rights 
and title to the same, and the necessary real and personal property 
to make said rights and supply available, by purchase, appropria- 
tion, location, condemnation, or otherwise. 

(4) Cities and towns shall have jurisdiction and control over 
the territory occupied by their public works, and over and along the 
line of reservoirs, streams, trenches, pipes, drains, and other ap- 
purtenances used in the construction and operation of such works, 
and also over the source of stream for which water is taken, for the 
enforcement of its sanitary ordinances, the abatement of nuisances, 



ELECTION LAWS OF MONTANA 37 

and the general preservation of the purity of its water supply, with 
power to enact all ordinances and regulations necessary to carry 
the powers hereby conferred into effect. For this purpose the city or 
town shall be authorized to condemn private property in the manner 
provided by law, and shall have authority to levy a just and equit- 
able tax on all consumers of water for the purpose of defraying the 
the expenses of its procurement. 

PUBLIC BATHS 

11-1008 (5045). Public Baths. All cities or towns incorporated 
under the laws of the State of Montana, in addition to other powers 
conferred upon them, are hereby empowered and authorized to es- 
tablish and maintain a public bathing place within said city or town, 
and to defray the cost and expense of maintaining said public bath- 
ing place, said city or town is hereby authorized and empowered to 
contract an indebtedness, upon behalf of said city or town, upon 
the credit thereof, by borrowing money -or issuing bonds; provided, 
that no money may be borrowed, and no bonds may be issued for 
said purpose until the proposition has been submitted to the vote 
of the taxpayers affected thereby of the city or town, and a majority 
vote be cast therefor. 

CITIES AND TOWNS 
INITIATIVE AND REFERENDUM 

11-1104 (5058). Initiative in Cities— Petition. 

(1) Ordinances may be proposed by the legal voters of any 
city or town in this state, in the manner provided in this act. Eight 
per cent of the legal voters of any city or town may propose to the 
city or town council an ordinance on the subject within the legislative 
jurisdiction and powers of such city or town council, or an ordinance 
amending or repealing any prior ordinance or ordinances. Such 
petition shall be filed with the city or town clerk. It shall be the 
duty of the city or town clerk to present the same to the council at 
its first meeting next following the filing of the petition. The council 
may, within sixty days after the presentation of the petition to the 
council, pass an ordinance similar to that proposed in the petition, 
either in exact terms or with such changes, amendments, or modi- 
fications as the council may decide upon. If the ordinance proposed 
by the petition be passed without change, it shall not be submitted 
to the people, unless a petition for referendum demanding such sub- 
mission shall be filed under the provisions of this act. 

(2) If the council shall have made any change in the proposed 
ordinance, a suit may be brought in the district court in and for the 
county in which the city or town is situated, to determine whether 
or not the change is material. Such suit may be brought in the 
name of any one or more of the petitioners. The city shall be made 
the party defendant. Any elector of the city or town may appear 
in such suit in person or by counsel on the hearing thereof, but the 



38 ELECTION LAWS OF MONTANA 

court shall have the power to limit the number of counsel who shall 
be heard on either side, and the time to be allowed for argument. 
It shall only be necessary to state in the complaint that a petition for 
an ordinance was filed in pursuance of this act; that the city council 
passed an ordinance on the subject different from that proposed 
in the petition; and that the plaintiff desires a construction of the or- 
dinance so passed to determine whether or not it differ materially 
from that proposed. The petition and the ordinance proposed there- 
by, and the ordinance actually passed, may be set out in the com- 
plaint, or copies thereof annexed to the complaint. The names to 
the petition need not be set out. Such cases shall be advanced 
and brought to hearing as speedily as possible, and have pre- 
cedence over other cases, except criminal and taxation cases. 

(3) The court shall have jurisdiction in such cases to determine 
whether or not the change made by the city council is material, 
and also whether the petition was regular in form or substance, and 
shall also have power to decide, if the fact be put in issue by the 
defendant, whether or not the petition was signed by a sufficient 
number of voters and was regular in form. If the court shall decide 
that the change was material and that the petition was regular in 
form and signed by a sufficient number of legal voters, then the 
ordinance proposed by the petition shall be submitted to the people 
as provided in this act. If the court shall decide that the ordinance 
passed by the council was not materially different from that pro- 
posed in the petition, or the petition was not regular in form, or not 
signed by a sufficient number of legal voters, the ordinance shall 
not be submitted to the people. If the court shall decide that the 
changes made by the council were material, but that the petition 
was irregular for some reason, or not properly or sufficiently signed, 
a new petition, regular in form, may be presented by the required 
number of legal voters, asking the council to submit such ordinance 
to the people, and thereupon the same shall be so submitted as pro- 
vided in this act. 

(4) If the council shall not, within sixty days, pass an or- 
dinance on the subject of the ordinance proposed in the petition, 
then the ordinance proposed by the petition shall be submitted to the 
people. Before submitting such ordinance to the people, the mayor 
or city or town council may direct that a suit be brought in 
the district court in and for the county, in the name of the city 
or town, to determine whether the petition and ordinance are 
regular in form, and whether the ordinance so proposed would be 
valid and constitutional. The complaint shall name as defendants 
not less than ten nor more than twenty of the petitioners. In addition 
to the names of such defendants, in the caption of the complaint, 
there shall be added the words, 'and all petitioners whose names ap- 
pear on the petition for an ordinance filed on the 

day of , in the year, ,' stating the 

date of filing. The summons shall be similarly directed and shall 
be served on the defendants named therein, and in addition thereto 



ELECTION LAWS OF MONTANA 39 

shall be published at least once, at the expense of the city, in at least 
one newspaper published in the city or town. 

(5) In all suits brought under this section the decision of the 
district court shall be final except in cases where it shall decide 
that the proposed ordinance would be unconstitutional or invalid 
as being beyond the powers of the city or town council, and in such 
excepted cases the petitioners, or any of them, may appeal to the 
supreme court as in other cases, but shall not be required to give 
any bond for costs. The decision of the district court holding such 
ordinance valid or constitutional shall not, however, prevent the 
question being raised subsequently, if the ordinance shall be passed 
and go into effect, by any one affected by the ordinance. No costs 
shall be allowed to either side in suits or appeals under this section. 

(6) If an ordinance shall be repealed pursuant to a proposal 
initiated by the legal voters of a city or town, as in this section pro- 
vided, the city or town council may not, within a period of two years 
thereafter, re-enact such ordinance or any ordinance so similar 
thereto as not to be materially different therefrom. If during such 
two-year period the council shall enact an ordinance similar to the 
one repealed pursuant to initiative of the voters, a suit may be 
brought to determine whether such new ordinance be a re-enactment 
without material change of the one so repealed, and the provisions 
of sub -sections 2 and 3 hereof shall apply to such suit and determ- 
ination of the issues arising thereon. Nothing herein contained shall 
prevent exercise of the initiative herein provided for, at any time, to 
procure a re-enactment of an ordinance repealed pursuant to initia- 
tive of the voters. 

(As amended by Chapter 24, laws of 1951.) 

11-1105 (5059). Submission of Question at Regular Election. Any 

ordinance proposed by petition as aforesaid, which shall be en- 
titled to be submitted to the people, shall be voted on at the next 
regular election to be held in the city or town, unless the petition 
therefor shall ask that the same be submitted at a special election, 
and such petition be signed by not less than fifteen per cent of the 
electors qualified to vote at the last preceding municipal election. 

11-1108 (5060). No Ordinance to Be Effective Until Thirty Days 
After Passage. No ordinance or resolution passed by the Council 
of any city or town shall become effectve until thirty days after its 
passage, except general appropriation ordinances providing for the 
ordinary and current expenses of the city or town, excepting also 
emergency measures, and in the case of emergency measures the 
emergency must be expressed in the preamble or in the body of the 
measure, and the measure must receive a two-thirds vote of all the 
members elected. 

In emergency ordinances the resolution shall include only such 
measures as are immediately necessary for the preservation of 
peace, health, and safety, and shall not include a franchise or li- 



40 ELECTION LAWS OF MONTANA 

cense to a corporation or individual, nor any provisions for the sale 
of real estate, nor any lease or letting of any property for a period 
exceeding one year, nor the purchase or sale of personal property 
exceeding Five Thousand Dollars in value. 

11-1107(5061). Referendum Petition. During the thirty days fol- 
lowing the passage of any ordinance or resolution, five per cent of 
the qualified electors of the city or town may, by petition addressed 
to the Council and filed with the Clerk of the city or town, demand 
that such ordinance or resolution, or any part or parts thereof, shall 
be submitted to the electors of the city or town. 

11-1108(5062). Referendum to Be Had at Regular Election. Any 

measure on which a referendum is demanded under the provisions 
of this Act shall be submitted to the electors of the city or town at the 
next municipal election; provided, the petition or petitions shall have 
been filed with the City Clerk at least thirty days before such elec- 
tion. If such petition or petitions be signed by not less than fifteen 
per cent of the qualified electors of the city or town, the measures 
shall be submitted at a special election to be held for the purpose. 

11-1109 (5063) Special Election May Be Ordered. The City or 
Town Council may in any case order a special election on a meas- 
ure proposed by the initiative, or when a referendum is demanded, 
or upon any ordinance passed by the City or Town Council, and 
may likewise submit to the electors, at a general election, any or- 
dinance passed by the City or Town Council. 

11-1110 (5064). Proclamation of Electon. Whenever a measure 
is ready for submission to the electors, the Clerk of the city or town 
shall, in writing, notify the Mayor thereof, who, forthwith, shall issue 
a proclamation setting forth the measure and the date of the election 
or vote to be had thereon. Said proclamation shall be published 
four days in four consecutive weeks in each daily newspaper in the 
municipality, if there be such, otherwise in the weekly newspapers 
published in the city or town. In case there is no weekly news- 
paper published, the proclamation and the measure shall be posted 
conspicuously throughout the city or town. 

11-1111(5065). Ballots and Method of Voting. The question to 
be balloted upon by the electors shall be printed on the initiative or 
referendum ballot, and the form shall be that prescribed by law for 
questions submitted at State elections. The referendum or initiative 
ballots shall be counted, canvassed, and returned by the regular 
board of judges, clerks, and officers, as votes for candidates for of- 
fice are counted, canvassed, and returned. The returns for the ques- 
tion submitted by the voters of the municipality shall be on separate 
sheets, and returned to the Clerk of the municipality. The return 
shall be canvassed in the same manner as the returns of regular 
elections for municipal officers. The Mayor of the municipality shall 
issue his proclamation, as soon as the result of the final canvass is 
known, giving the whole number of votes cast in the municipality 
for and against such measure, and it shall be published in like man- 



ELECTION LAWS OF MONTANA 41 

ner as other proclamations herein provided for. A measure ac- 
cepted by the electors shall take effect five days after the vote is 
officially announced. 

11-1112 (5066). Qualifications of Voters. The qualifications for 
voting on questions submitted to the electors, under the provisions 
hereof, shall be the same as those required for voting at municipal 
elections in the city or town at elections for Mayor or Aldermen 
thereof. And where, by the laws of the State, or by ordinance of the 
city or town made in pursuance thereof, electors are required to 
register in order to be qualified to vote at municipal elections, the 
registration book or books shall be prima facie evidence of the right 
to sign any petition herein provided for. 

11-1113 (5067). Forms of Petitions and Conduct of Proceedings. 

The form of petitions and the proceedings under this Act shall con- 
form as nearly as possible, with the necessary changes as to details, 
to the provisions of the laws of the State relating to the initiative and 
referendum, and be regulated by such laws, except as otherwise pro- 
vided in this Act. The City Clerk shall perform the duties which, 
under the State laws, devolve upon the County Clerk and Secretary 
of State, insofar as the provisions relating thereto may be made to 
apply to the case of the City or Town Clerk; but it shall not be neces- 
sary to mail or distribute copies of the petitions or measures to the 
electors of the city or town. 

11-1114 (5068). To What Ordinances Applicable. The pro- 
visions of this Act regarding the referendum shall not apply to or- 
dinances which are required by any other law of the State to be sub- 
mitted to the voters or the electors or taxpayers of any city or town. 

CHAPTER 12. 

MUNICIPAL CONTRACTS AND FRANCHISES 

11-1206 (5074). Franchise, How Granted. The Council must not 
grant a franchise or special privilege to any person save and except 
in the manner specified in the next section. The powers of the Coun- 
cil are those only expressly prescribed by law and those necessarily 
incident thereto. 

11-1207 (5075). Grant of Franchise Must Be Submitted to Tax- 
paying Freeholders. No franchise for any purpose whatsoever shall 
be granted by any city or town, or by the Mayor or City Council 
thereof, to any person or persons, association, or corporation, without 
first submitting the application therefor to the resident freeholders 
whose names shall appear on the city or county tax-roll preceding 
such election. 

11-1208 (5076). Same — Notice of Election. A notice of such elec- 
tion must be published at least in one daily newspaper, if there be 
one published in the city or town, and if not, in some weekly news- 
paper of general circulation, at least once a week for three succes- 



42 ELECTION LAWS OF MONTANA 

sive weeks, and such notice must be posted in three public places 
in the city or town. The notice must state the time and place of hold- 
ing the election, and the character of any such franchise applied for, 
and the valuable consideration, if any there be, to be derived by the 
city. At such election the ballots must contain the words. "For 
granting franchise," "Against granting franchise," and in voting, 
the elector must make a cross thus, "X," opposite the answer he in- 
tends to vote for. Such election must be conducted and canvassed 
and the return made in the same manner as other city or town elec- 
tions. 

11-1209(5077). When Voted, Council Must Pass Ordinance. If 

the majority of votes cast at the election be "For granting franchise," 
the Mayor and City Council must thereupon grant the same by the 
passage and approval of a proper ordinance. 

MUNICIPAL COURTS 

11-1703 (5094.3). Election of Judges— Term of Office. There 
shall be elected at the general city election in the year 1936 in all 
cities with a population of twenty thousand (20,000) and over, one 
Judge of Municipal Court. The term of such Judge so elected shall 
commence on the first Monday in May, 1936, and terminate on the 
first Monday in May, 1938. Thereafter, Judges of Municipal Courts 
shall be elected at the general city elections in all even numbered 
years. Such judges shall hold office for the term of two years from 
the first Monday of May in the year in which they are elected and 
until their successor is elected and qualified. All elections of Muni- 
cipal Judges shall be under and governed by the laws applicable 
to the election of city officials, except that the names of candiates for 
Municipal Judge shall be placed on the ballot to be used at such 
election without any party designation or any statement, measure 
or principle which the candidate advocates or any slogan after his 
name. 

CHAPTER 20 

FIRE PROTECTION IN UNINCORPORATED TOWNS 

11-2010 (5149). Commissioners Ex-officio Directors of Fire Dis- 
tricts^ — Issuance of Bonds — Limitation on Amount — Election — Term — 
Contracts for Municipal Fire Protection. 

(a) Whenever the Board of County Commissioners shall have 
established a fire district in any unincorporated territory, town or 
village, said Board of County Commissioners shall be and is hereby 
constituted ex-officio a board of directors of such fire district. The 
board of directors of any duly established fire district in unincor- 
porated territories, towns or villages within this state shall, when- 
ever a majority of the directors so decide, submit to the electors of 
the district the question of whether the board shall be authorized to 
issue bonds to a certain amount, not to exceed three per cent (3%) 
of the per centum of the assessed value of the taxable property in 



ELECTION LAWS OF MONTANA 43 

such district, and bearing a rate of interest not exceeding six per 
cent (6%), for the purpose of purchasing fire equipment, necessary 
lands, erecting buildings for fire purposes, acquiring a water supply, 
purchasing or otherwise acquiring or constructing a water system 
and establishing pipe lines. No such bonds shall be issued unless 
a majority of all the votes cast at any such election shall be cast 
in favor of such issue. Such bonds may be either amortization or 
serial bonds, but shall not extend over a longer term than ten years. 

(b) The board of directors of such fire district may contract 
with the council of any city or town lying within three (3) miles of 
the farthest limits of the district, for the extension of fire protection 
service by such city or town to property included within the district, 
and may agree to pay a reasonable consideration therefor, provided 
that the owners of ten per cent (10%) of the taxable value of the 
property in any fire district may elect either to make a contract with 
the city fire department for fire protection or to be included in the 
fire district. 

11-2011 (5150). Bond Elections, Manner of Conducting — Form of 
Ballots — Form and Issuance of Bonds. 

(1) The time fixed for holding such election must be at least 
thirty days after the date of the order calling such election. Notice of 
such election must be given by the Board of Directors by posting 
notices thereof, at least ten days before the day of election, in three 
public places within such district, one of which must be at the poll- 
ing place. The Board of Directors must designate a polling place 
within such district and name three persons residing therein, and 
who are qualified to vote at such election, as judges and clerks of 
such election, and a copy of the order fixing the day of election 
must be delivered to the County Clerk and Recorder of the county 
in which such district is located immediately after the same is made. 

(2) Upon receipt of the copy of such order the County Clerk and 
Recorder must, at least twenty days before the day fixed for holding 
such election, cause a notice to be posted in at least three public 
places in such fire district, stating that the register of voters for the 
precinct in which such district is located will be closed on a day to 
be specified therein, and which must be the tenth day before the 
day for holding such election, and on the day specified therein the 
register of voters for such precinct must be closed and remain closed 
until after the holding of such election. 

(3) The County Clerk and Recorder shall, immediately after the 
closing of registration for such precinct, make a copy of the register of 
voters for such precinct and deliver the same to the County Treas- 
urer who shall compare the same with the assessment books for the 
last assessment for State and county taxes, and note after the name 
of each person contained in such register whether such person's 
name appears on such assessment books, and make out and sign a 
certificate giving the names of all such persons whose names do ap- 
pear on such assessment books and attach the same to such register, 



44 ELECTION LAWS OF MONTANA 

and the Treasurer must then return such register to the County Clerk 
and Recorder who must deliver the same to the persons named as 
judges and clerks of such election. 

(4) At such election no person whose name does not appear 
in such Treasurer's certificate as a taxpayer whose name appears 
on the last assessment books shall be permitted to vote, and no 
person whose name does so appear in such certificate shall be per- 
mitted to vote unless he shall reside within the limits of the fire dis- 
trict, and every person offering to vote at such election, and other- 
wise qualified to do so, must make and subscribe an affidavit, before 
one of such judges of election, stating that he actually resides with- 
in the limits of such fire district, and all such affidavits shall be pre- 
served and delivered to the Board of Directors of the district at the 
same time the returns are delivered to such Board. The polls for 
such election shall be opened at 1 o'clock in the afternoon and re- 
main open until 6 o'clock in the afternoon. The judges and clerks 
shall count the votes cast at such election and shall make a return 
thereof to the directors of district, who shall canvass and declare the 
result of such election. 

(5) The Board of Directors shall cause the affidavits herein 
provided for and the ballots to be prepared for such election in a 
number equal to the total number of registered electors in the pre- 
cinct in which the district is located, which ballots shall be sub- 
stantially in the following form: 

"Shall bonds be issued and sold to the amount of 

dollars and bearing not to exceed 6% interest per annum and for a 

period not exceeding years for the purpose of 

(state purpose)." 

□ BONDS— YES. 

□ BONDS— NO. 

(6) The elector shall prepare his ballot by marking an X in the 
square before the proposition for which he desires to vote. If a ma- 
jority of the votes cast at such election is in favor of issuing bonds 
the Board of Directors shall issue such bonds; such bonds shall be 
issued in substantially the same manner and form as bonds of 
school districts of the third class, shall bear the signature of the 
Chairman of the Board of Directors, and of the County Recorder, as 
ex-officio secretary of the fire district; if coupons are attached to the 
bonds they shall also be signed by such chairman and secretary, 
provided that a lithographic, printed or engraved facsimile signa- 
ture of the president and secretary may be affixed to the coupons 
if so recited in the bonds, and the seal of the fire district shall be 
affixed to each bond. Each bond shall be registered in the office of 
the County Treasurer in a book provided for that purpose, which 
shall show the number and amount of each bond and the person to 
whom the same is issued or sold; and the said bond shall be sold 
by the Board of Directors as hereinafter provided. 



ELECTION LAWS OF MONTANA 45 

11-2217. Cities and Towns May Establish Sewage Treatment 
and Disposal Plants. Any city or town may when authorized so to 
do by a majority vote of the qualified electors voting at an election 
held for that purpose, establish, build, construct, reconstruct and/or 
extend a storm and/or sanitary sewerage system and/or a plant or 
plants for treatment or disposal of sewage therefrom and may 
operate and maintain such facilities for public use, and in addition 
to all other powers granted to it, such municipality shall have au- 
thority, by ordinance duly adopted by the governing body to charge 
just and equitable rates, charges or rentals for the services and 
benefits directly or indirectly furnished thereby 

In this act "qualified electors" shall mean registered electors of 
the municipality whose names appear upon the last preceding as- 
sessment roll for state and county taxes as taxpayers upon property 
within the municipality. The question of building, constructing, re- 
constructing or extending the system, plant or plants and the ques- 
tion of issuing and selling revenue bonds for such purpose may be 
submitted as a single proposition or as separate propositions. Any 
election under this act may be called by a resolution of the govern- 
ing body which it may adopt without being previously petitioned 
to do so. 

11-2218. May Issue Bonds — Sinking Fund — Rates for Service, 
Etc. Any such municipality may issue and sell negotiable revenue 
bonds for the construction of any such system of sewers, sewage 
pumping stations or sewage treatment of disposal plant or plants 
for public use when authorized so to do by a majority vote of the 
qualified electors voting on the question at an election called by the 
city council or other governing body of the municipality for that pur- 
pose, and noticed and conducted in accordance with the provisions 
of Sections 11-2308 to 11-2310, inclusive 

Any such municipality, by ordinance or resolution adopted by 
its governing body, and without an election, may issue and sell 
negotiable revenue bonds to refund bonds previously issued for any 
of the foregoing purposes, whether issued under authority of this 
section or any other applicable law. 

(As amended by Chapter 146, Laws of 1951). 

11-2271 (5277.3). Loans From Revolving Fund For Paving Im- 
provement District Warrants — Authorizations by Electors. 

(1) Whenever any special improvement district bond or war- 
rant, or any interest thereon, shall be, at the time of the passage of 
this act, or shall thereafter become due and payable, and there shall 
then be either no money or not sufficient money in the appropriate 
district fund with which to pay the same, an amount sufficient to 
make up the deficiency may, by order of the council, be loaned by 
the revolving fund to such district fund, and thereupon such bond 
or warrant or such interest thereon, or in case of such bonds or war- 
rants due at the time of the passage of this act, such part of the 



46 ELECTION LAWS OF MONTANA 

amount due on such bond or warrant, whether it be for principal 
or for interest or for both as the council may in its discretion elect 
or determine, shall be paid from the money so loaned or from the 
money so loaned when added to such insufficient amount, as the 
case may require; provided, however, that the above provisions of 
sections 11-2269, 11-2270 and 11-2271 of this code shall not apply 
to any district or districts heretofore created, unless and until, at an 
election, either the regular annual municipal election or a special 
election called by the council, a majority of the electors whose names 
appear as the owners of property in the city or town on the last com- 
pleted tax roll of the county in which the city or town is situated, 
shall authorize the city or town council to proceed thereunder, such 
election to be called and conducted in the manner and under such 
regulations as the council may provide. At such election no person 
other than such qualified elector and taxpayer shall vote on said 
question, and a majority of those voting thereat shall be sufficient 
to determine, and shall determine, the question whether the council 
be authorized or not to proceed under sections 11-2269, 11-2270 and 
11-2271 of this code. (2) 

11-2275. Creation and Maintenance of Fund. A supplemental 
revolving fund may be created by ordinance subject to the approval 
of a majority of the qualified electors voting upon the question at a 
general or special election. As used in this act "qualified electors" 
shall mean registered electors whose names appear upon the last 
preceding assessment roll for state and county taxes as taxpayers 
upon property within the municipality. The supplemental revolv- 
ing fund shall be created and maintained solely from the net rev- 
enues of parking meters and the ordinance may pledge to said 
fund all or any part of the said net revenues of parking meters 
which may be then owned or leased or rented or thereafter ac- 
quired by the city or town. Said ordinance shall contain such pro- 
visions in respect to the purchase, control, operation, repair and 
maintenance of parking meters, including rates to be charged, and 
the application of net revenues therefrom and the management and 
use of the supplemental revolving fund as the counsel shall deem 
necessary. 

1 1-2276. Issuance of Bonds — Submission to Electors. At any time 
after the award of the contract for any of the improvements de- 
scribed in section 11-2274 and prior to the issuance of bonds or war- 
rants therefor under the provisions of section 11-2231 the council 
may by resolution determine that such improvement is of a char- 
acter that bonds may be issued hereunder in lieu of bonds under 
said section 11-2231, and may submit to the qualified electors of the 
city or town the question whether such bonds shall be issued. The 
proposal to issue bonds may be submitted at the same election as the 
proposal to create the supplemental revolving fund and must be ap- 
proved by a majority of the qualified electors voting on the question. 



ELECTION LAWS OF MONTANA 47 

CHAPTER 23 
MUNICIPAL BONDS AND INDEBTEDNESS 

11-2301 (5278.1). Creation of Indebtedness — Submission to Tax- 
payers. Whenever the council or commission of any city or town 
having a corporate existence in this state, or hereafter organized 
under any of the laws thereof, shall deem it necessary to issue bonds 
for any purpose whatever, under its powers as set forth in any statute 
or statutes of this state, or amendments thereto, the question of issu- 
ing such bonds shall first be submitted to the electors of such city or 
town who are qualified to vote on such question, in the manner here- 
inafter set forth; provided, however, that it shall not be necessary to 
submit to such electors the question of issuing refunding bonds to re- 
fund bonds theretofore issued and then outstanding: provided fur- 
ther that no refunding bonds shall be issued unless such refunding 
bonds shall bear interest at a rate of at least one-half of one per cent 
(Vi of 1%) less than the interest rate of the outstanding bonds to be 
refunded. In order to issue bonds to refund bonds theretofore issued 
and outstanding it shall only be necessary for the council, at a regu- 
lar or duly called special meeting, to pass and adopt a resolution set- 
ting forth the facts with regard to the indebtedness to be refunded, 
showing the reason for issuing such refunding bonds, and fixing and 
determining the details thereof, giving notice of sale thereof in the 
same manner that notice is required to be given of sale of bonds au- 
thorized at an election and then following the procedure in this Act 
for the sale and issuance of such bonds. 

11-2306 (5278.6). Petition for Election— Form— Proof. No bonds 
shall be issued by a city or town for any purpose, except to fund or 
refund warrants or bonds issued prior to and outstanding on July 
first, 1942, as authorized in Section 11-2301, unless authorized at a 
duly called special or general election at which the question of 
issuing such bonds was submitted to the qualified electors of the city 
or town, and approved, as hereinafter provided, and no such election 
shall be called unless there has been presented to the city or town 
council a petition, asking that such election be held and question 
submitted, signed by not less than twenty per centum (20%) of the 
qualified electors of the city or town who are taxpayers upon prop- 
erty within such city or town and whose names appear on the last 
completed assessment roll for state and county taxes, as taxpayers 
within such city or town. Every petition for the calling of an elec- 
tion to vote upon the question of issuing bonds shall plainly and 
clearly state the purpose or purposes for which it is proposed to issue 
such bonds, and shall contain an estimate of the amount necessary 
to be issued for such purpose or purposes. There may be a separate 
petition for each purpose, or two (2) or more purposes may be com- 
bined in one (1) petition, if each purpose with an estimate of the 
amount of bonds to be issued therefor is separately stated in such 
petition. Such petition may consist of one (1) sheet, or of several 
sheets identical in form and fastened together, after being circulated 
and signed, so as to form a single complete petition before being de- 



48 ELECTION LAWS OF MONTANA 

livered to the city or town clerk, as hereafter provided. The petition 
shall give the street and house number, if any, and the voting 
precinct of each person signing the same. 

Only persons who are qualified to sign such petition shall be 
qualified to circulate the same, and there shall be attached to the 
completed petition the affidavit of some person who circulated, or 
assisted in circulating, such petition, that he believes the signatures 
thereon are genuine and that the signers knew the contents thereof 
before signing the same. The completed petition shall be filed with 
the city or town clerk who shall, within fifteen (15) days thereafter, 
carefully examine the same and the county records showing the 
qualifications of the petitioners, and attach thereto a certificate, un- 
der his official signature, which shall set forth: 

(1) The total number of persons who are registered electors 
and whose names appear upon the last completed assessment roll 
for state and county taxes, as taxpayers within such city or town. 

(2) Which, and how many of the persons whose names are 
subscribed to such petition, are possessed of all of the qualifications 
required of signers to such petition. 

(3) Whether such qualified signers constitute more or less than 
twenty per centum (20%) of the registered electors whose names ap- 
pear upon the last completed assessment roll for state and county 
taxes, as taxpayers within such city or town. 

11-2307 (5278.7). Consideration of Petition — Calling Election. 

When such petition has been filed with the City or Town Clerk and 
he has found it has a sufficient number of signers qualified to sign 
the same, he shall place the same before the City or Town Council at 
its first meeting held after he has attached his certificate thereto. The 
Council shall thereupon examine such petition and make such other 
investigation as it may deem necessary. 

If it is found the petition is in proper form, bears the requisite 
number of signatures of qualified petitioners, and is in all other re- 
spects sufficient, the Council shall pass and adopt a resolution which 
shall recite the essental facts in regard to the petition and its filing 
and presentation, the purpose or purposes for which the bonds are 
proposed to be issued, and fix the exact amount of bonds to be issued 
for each purpose, which amount may be less than but must not ex- 
ceed the amount set forth in the petition, determine the number of 
years through which such bonds are to be paid, not exceeding the 
limitations fixed in Section 11-2303, and making provisions for hav- 
ing such question submitted to the qualified electors of the city or 
town at the next general city or town election, or at a special election 
which the council may call for such purpose. 

11-2308 (5278.8). Notice of Election — Election Hours — Election 
Officers. Whether such election is held at the general city or town 
election, or at a special election, separate notice shall be given there- 



ELECTION LAWS OF MONTANA 49 

of. Such notice shall state the date when such election will be held, 
the hours between which the polls will be open, the amount of 
bonds proposed to be issued, the purpose thereof, the term of years 
through which the bonds will be paid, and such other information 
regarding the election and the proposed bonds as the Board may 
deem proper. If the bonds proposed to be issued are for two (2) or 
more purposes, each purpose and the amount thereof must be sep- 
arately stated. Such notice shall be posted in each voting precinct 
in the city or town at least ten (10) days prior to the date for holding 
such election, and must also be published once a week for a period 
of not less than two (2) consecutive weeks immediately preceding 
the date for holding such election in some newspaper published 
in the city or town, if there be one, and if not then in a newspaper 
published in the State at a point in the State nearest to the city or 
town, and designated by the City or Town Council. 

If the question of issuing bonds is submitted at a special election 
called for such purpose, the City or Town Council shall fix the hours 
through which the polls are to be kept open, which shall be not less 
than eight (8), and which must be stated in the notice of election, and 
may appoint a smaller number of judges than is required at a gen- 
eral city or town election, but in no case shall there be less than 
three (3) judges in a precinct and such judges shall act as their own 
clerks. 

If the question of issuing bonds is submitted at a general city or 
town election, the polls shall be kept open during the same hours as 
are fixed for the general election and the judges and clerks for such 
general election shall act as the judges and clerks thereof. 

11-2309 (5278.9). Form of Ballots and Conduct of Election. 

Whenever the question of issuing bonds is submitted at either a gen- 
eral city or town election, or at a special election, separate ballots 
shall be provided therefor. Such ballots shall be white in color and 
of convenient size, being only large enough to contain the printing 
herein required to be done and placed thereon, and shall have print- 
ed thereon in fair-sized, legible type and black ink, in one (1) line or 
more, as required, the word "FOR" (stating the proposition and the 
terms thereof explicitly and at length), and thereunder the word 
"AGAINST" (stating the proposition and terms in like manner as 
above); and there shall be before the word "FOR" and before the 
word "AGAINST", each, a square space of sufficient size to place a 
plain cross or X therein, and such arrangement shall be in the fol- 
lowing manner: 

□ FOR (stating the proposition). 

□ AGAINST (stating the proposition). 

If bonds are sought to be issued for two (2) or more separate pur- 
poses, then separate ballots must be provided for each purpose or 
proposition. 



50 ELECTION LAWS OF MONTANA 

The election shall be conducted, and the returns made, in the 
same manner as other city or town elections; and all election laws 
governing city and town elections shall govern, in so far as they are 
applicable, but if such question be submitted at a general city or 
town election the votes thereon must be counted separately and 
separate returns must be made by the judges and clerks at such 
election. Returns must be made separately for each proposition or 
question submitted at such election. 

11-2310 (5278.10). Who Are Entitled to Vote— Registration of 
Electors. Only such registered electors of the city or town whose 
names appear upon the last preceding assessment roll for State and 
county taxes, as taxpayers upon property within the city or town, 
shall be entitled to vote upon any proposition of issuing bonds by 
the city or town. Upon the adoption of the resolution calling for the 
election the City or Town Clerk shall notify the County Clerk of the 
date on which the election is to be held and the County Clerk must 
cause to be published in the official newspaper of the city or town, if 
there be one, and if not in a newspaper circulated generally in the 
said city or town and published in the county where the said city 
or town is located, a notice signed by the County Clerk stating that 
registration for such bond election will close at noon on the fifteenth 
(15th) day prior to the date for holding such election and at that time 
the registration books shall be closed for such election. Such notice 
must be published at least five (5) days prior to the date when such 
election books shall be closed. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the qualified electors of 
such city or town who are taxpayers upon property therein and 
whose names appear on the last completed assessment roll for state, 
county and school district taxes and who are entitled to vote at such 
election and shall prepare poll books for such election as provided in 
Section 23-515 and deliver the same to the city or town clerk who 
shall deliver the same to the judges of election prior to the opening 
of the polls. It shall not be necessary to publish or post such lists of 
qualified electors. 

11-2311 (5278.11). Percentage of Voters Reguired to Authorize 
the Issuing of Bonds. Whenever the question of issuing bonds for 
any purpose is submitted to the qualified electors of a city or town, 
at either. a general or special election, not less than forty per centum 
(40%) of the qualified electors entitled to vote on such proposition or 
question must vote thereon, otherwise such proposition shall be 
deemed to have been rejected; provided, however, that if forty per 
centum (40%) or more of such qualiifed electors do vote on such 
proposition or question at such election, and a majority of such votes 
shall be cast in favor of such question or proposition, then such prop- 
osition or question shall be deemed to have been adopted and ap- 
proved. 

11-2312 (5278.12). Canvass of Election Returns — Resolution for 
Bond Issue. If the bonding election is held at the same time as a 



ELECTION LAWS OF MONTANA 51 

general city or town election, then the returns shall be canvassed by 
the City or Town Council at the same time as the returns from such 
general election; but if the question of issuing bonds is submitted at 
a special election then the City or Town Council shall meet within ten 
(10) days after the date of holding such special election and can- 
vass the returns. If it is found that at such election forty per centum 
(40%) or more of the qualified electors of the city or town entitled to 
vote at such question or proposition voted thereon, and that a ma- 
jority of such votes were cast in favor of the issuing of such bonds, 
the City or Town Council shall, at a regular or special meeting held 
within thirty (30) days thereafter, pass and adopt a resolution pro- 
viding for the issuance of such bonds. Such resolutions shall recite 
the purpose for which such bonds are to be issued, the amount there- 
of, the maximum rate of interest the bonds may bear, the date they 
shall bear, the period of time through which they shall be payable, 
and that any thereof may be redeemed in full, at the option of the 
city or town, on any interest payment date from and after ten (10) 
years from the date of issue; and provide for the manner of the 
execution of the same. It shall provide that preference shall be 
given amortization bonds but shall fix the denomination of serial 
bonds in case it shall be found advantageous to issue bonds in that 
form, and shall adopt a form of notice of the sale of the bonds. 

The Board may, in its discretion, provide that such bonds may be 
issued and sold in two (2) or more series or installments. 

MUNICIPAL REVENUE BOND ACT OF 1939 

11-2404. Authorization of Undertaking — Form and Contents of 
Bonds. The acquisition, purchase, construction, reconstruction, im- 
provement, betterment or extension of any undertaking may be 
authorized under this (act) chapter, and bonds may be author- 
ized to be issued under this (act) chapter by resolution or reso- 
lutions of the governing body of the municipality, when authorized 
by a majority of the taxpayers voting upon such question at a spe- 
cial electon noticed and conducted as provided in (Section 23-202) 
Sections 11-2308 to 11-2310, inclusive, and said special election shall 
be held not later than the next municipal election held after the 
council or governing body of the municipality has by resolution or 
resolutions approved the acquisition, purchase, construction, recon- 
struction, improvement, betterment or extension of any undertaking 
as in this act provided and ordered said special election; provided, 
that the issuance of refunding revenue bonds may be authorized by 
resolution or resolutions of the governing body of the municipality 
without an election 

(As amended by Chapter 145, Laws of 1951). 

CHAPTER 25 
ABATEMENT OF SMOKE NUISANCE 

11-2504 (5292). Bonds. For the purpose of raising moneys to 
meet the payments under the terms and conditions of said contract, 



52 ELECTION LAWS OF MONTANA 

and other necessary and proper expenses in and about the same, 
and the approval or disapproval thereof, it shall be the duty of the 
Board of County Commissioners, if the petition be presented to it 
within thirty days thereafter, to ascertain the existing indebtedness of 
the county in the aggregate, and within sixty days after ascertain- 
ing the same to submit to the electors of such county the proposition 
to approve or disapprove the said contract, and the issuance of bonds 
necessary to carry out the same, which shall not exceed five per 
centum of the value of the taxable property therein, inclusive of the 
existing indebtedness thereof, to be ascertained by the last assess- 
ment for State and county taxes previous to the issuance of said 
bonds and incurrnig said indebtedness; and if said petition be pre- 
sented to the Council of any incorporated city or town, then within 
thirty days thereafter they shall ascertain the aggregate indebted- 
ness of such city or town, and, within sixty days after ascertaining 
the same, submit to the electors of such city or town the proposition 
to approve or disapprove said contract, and the issuance of bonds 
necessary to carry out the same, which shall not exceed three per 
centum of the value of the taxable property therein, inclusive of the 
existing indebtedness thereof, to be ascertained in the manner here- 
inbefore provided, and if disapproved, the expenses of such election 
shall be paid out of the general fund of such county, city, or town, as 
the case may be. 

11-2505 (5293). Election. The vote upon such proposition shall 
be had at an election for that purpose to be held, conducted, counted, 
and results ascertained and determined in the manner and by the 
same officers provided by law for general elections, except as other- 
wise herein provided, and the proposition to be submitted shall be 
upon printed tickets or ballots, upon each of which shall be printed 
the following: "For the contract and bonds", "Against the contract 
and bonds", the former above the latter, and the elector shall in- 
dicate his vote by a cross opposite the one or the other for which he 
votes: and if it appears from the result of such election that a ma- 
jority of the votes cast were "For the contract and bonds," then said 
contract shall be in full force and effect, and the said bonds shall be 
issued and disposed of in the manner hereinafter provided. If it shall 
appear from the result of such election that there was a tie, or a ma- 
jority of said votes were cast "Against the contract and bonds," then 
the said contract and bond given for its fulfillment shall be null and 
void and of no effect, and said bonds and none thereof shall be 
issued. 

11-2506 (5294). Notice of Election. The Board of County Com- 
missioners of the county in which such election is to be held, or the 
Council of the incorporated city or town, as the case may be, shall 
give notice of such election, stating the objects thereof, the time and 
place of holding the same, such conditions of the contract as in their 
judgment are proper and necessary to enable the electors to vote in- 
telligently upon the proposition submitted to them, the amount of 
bonds proposed to be issued, when payable, and the interest they 



ELECTION LAWS OF MONTANA 53 

are to bear, with a description of the tickets or ballots to be used, in 
some newspaper printed and published and circulated in the county, 
or city, or town, as the case may be, in which such election shall be 
held, at least three times a week for at least six consecutive weeks 
next preceding such election, and if no newspaper be printed, pub- 
lished, and circulated therein, then in some newspaper printed and 
published in some county nearest thereto. 

11-2511 (5299). Provisions Concerning Election. No registration 
under the election laws of this State shall be required for the pur- 
poses of the election herein provided for, and the registration had at 
the last election preceding the same shall govern and control as if 
especially had and done for the purposes of the election to be held 
under this Act. 

CHAPTER 31 

COMMISSION FORM OF GOVERNMENT FOR CITIES 

11-3101 (5366). Any City May Reorganize Under Commission 
Form. Any city may abandon its organization and reorganize un- 
der the provisions of this Act, by proceeding as hereinafter provided. 

11-3102 (5367). Submission to Electors — Petition and Order of 
Election. Upon a petition being filed with the City Council, signed 
by not less than twenty-five per cent, of the qualified electors of such 
city registered for the last preceding general city election, praying 
that the question of reorganization under this Act be submitted to the 
qualified electors of such city, said City Council shall thereupon, and 
within thirty days thereafter, order a special election to be held, at 
which election the queston of reorganization of such city, under the 
provisions of this Act, shall be submitted to the qualified electors of 
such city. 

Such order of the City Council shall specify therein the time 
when such election shall be held, which must be within ninety days 
from the date of the filing of such petition. 

11-3103 (5368). Proclamation of Election. Upon the City Coun- 
cil ordering such special election to be held, the Mayor of such city 
shall issue a proclamation setting forth the purpose for which such 
special election is called, and the date of holding such special elec- 
tion, which proclamation shall be published for ten consecutive days 
in each daily newspaper published in said city, if there be such, 
otherwise once a week for two consecutive weeks in each weekly 
newspaper published therein, and such proclamation shall also be 
posted in at least five public places within such city. 

11-3104 (5369). Ballots— Form. At such election the ballots to 
be used shall be printed upon plain, white paper, and shall be head- 
ed "Special election for the purpose of submitting to the qualified 

electors of the City of.. the question of reorganization of 

the City of under Chapter (name of chapter con- 



54 ELECTION LAWS OF MONTANA 

tctining this Act) of the Acts of the Twelfth Legislative Assembly," 
and shall be substantially in the following form: 

For the reorganization of the City of under Chapter 

(name of chapter containing this Act) of the Acts of the Twelfth Legis- 
lative Assembly. 

Against reorganization of the City of under Chap- 
ter (name of chapter containing this Act) of the Acts of the Twelfth 
Legislative Assembly. 

Such election shall be conducted and vote canvassed and result 
declared in the same manner as provided by law in respect to other 
city elections. 

1 1-3105 (5370). Certificate of Result of Election— No Further Elec- 
tion for Two Years. If such proposition is adopted, the Mayor shall 
transmit to the Governor, to the Secretary of State, and to the County 
Clerk and Recorder, each, a certificate stating that such proposition 
was adopted. 

If such proposition shall not be adopted at such special election, 
such proposition shall not again be submitted to the electors of such 
city within a period of two years thereafter. 

11-3106 (5371). Calling of Election to Elect City Officers. If a 

majority of the votes cast at such election shall be in favor of such 
proposition, the City Council must, at its first regular meeting held 
thereafter, order a special election to be held for the purpose of elect- 
ing a Mayor and the number of councilmen to which such city shall 
be entitled, which order shall specify the time of holding such elec- 
tion, which must be within ninety days after the making of said 
order, and the Mayor shall thereupon issue a proclamation setting 
forth the purposes for which such special election is called and the 
day of holding the same, which proclamation shall be published for 
ten successive days in each daily newspaper published in such city, 
if there be such, otherwise once a week for two consecutive weeks 
in each weekly newspaper published therein, and a copy thereof 
shall also be posted at each voting place within said city, and also 
in at least ten of the most public places in said city. 

11-3107 (5372). Manner of Conducting Election — Canvassing 
Votes. Such election shall be conducted, the vote canvassed, and 
result declared in the same manner as provided by law in respect 
to other city elections. 

11-3108 (5373). Laws Governing City — Ordinances — Territorial 
Limits and Property. All laws governing cities of the first, second, 
and third classes, and not inconsistent with the provisions of this 
Act, shall apply to and govern cities organized under this Act. All 
by-laws, ordinances, and resolutions lawfully passed and in force in 
any such city under its former organization shall remain in force un- 
til altered or repealed by the council elected under the provisions of 
this Act. The territorial limits of such city shall remain the same as 



ELECTION LAWS OF MONTANA SS 

under the former organization, and all rights and property of every 
description, which were vested in any such city under its former or- 
ganization, shall vest in the same under the organization herein con- 
templated, and no right or liability either in favor of or against it, ex- 
isting at the time, and no suit or prosecution of any kind shall be af- 
fected by such change, unless otherwise provided for in this Act. 

11-3109 (5374). Number of Councilmen — Vacancies, How Filled. 

In every city of the third class, there shall be a mayor and two 
councilmen; in every city of the second class, a mayor and two 
councilmen; in every city of the first class having a population of 
less than twenty-five thousand (25,000), a mayor and two (2) council- 
men/ and in every city of the first class having a population of 
twenty-five thousand (25,000), or more, a mayor and four (4) council- 
men, and the mayor and all councilmen shall be elected at large. 

Vacancies in the office of Mayor or Councilmen shall be filled by 
appointment made by a majority vote of the remaining members of 
the council, and if, in filling such vacancy, a tie vote should occur, 
then the person to fill said vacancy shall be determined by lot in such 
manner as said council may provide. A person appointed to fill 
any such vacancy shall hold his office until the next general election 
and until his successor is elected and qualified. A person elected to 
fill a vacancy shall hold office until the expiration of the term for 
which the person he succeeds was elected. 

11-3110 (5375). Beginning of Term of Office. The Mayor and 
Councilmen elected at such special election shall qualify, and their 
terms of office shall begin on the first Monday after their election, 
and the terms of office of the Mayor and Councilmen or Aldermen 
in such city in office at the beginning of the term of office of the Coun- 
cilmen first elected under the provisions of this Act shall then cease 
and determine, and the terms of office of all their appointed officers 
in force in such city, except as hereinafter provided, shall cease and 
determine as soon as the Council shall by resolution declare. 

11-3111 (5376). Tenure of Office— Expiration of Term. The terms 
of office of the Mayor and all Councilmen elected at such special 
election shall expire on the first Monday in May of the year follow- 
ing their election. At the first regular city election held in the year in 
which the terms of office of the Mayor and Councilmen elected at 
such special election shall expire, a Mayor and two Councilmen 
shall be elected in cities having a population of less than twenty-five 
thousand. The Mayor elected at such first general city election shall 
hold office for two years; one of the Councilmen elected at such first 
city election shall hold office for one year; and the other of such 
Councilmen elected at such first general city election shall hold of- 
fice for two years, beginning with the first Monday in May of that 
year; a Mayor and four Councilmen shall be elected in cities having 
a population of twenty-five thousand or more; and the Mayor elected 
at such first general city election shall hold office for two years. 
Two of the Councilmen elected at such first general city election shall 



56 ELECTION LAWS OF MONTANA 

hold office for one year, and the other two of the Councilmen elected 
at such first general city election shall hold office for two years, be- 
ginning with the first Monday in May of that year; and the terms of 
office of the Mayor and all Councilmen thereafter elected shall be 
two years. 

The Councilmen elected at the first general city election shall de- 
cide by lot in such manner as they may select, which thereof shall 
hold the office of Councilman the term of which expires one year 
thereafter, and which thereof shall hold the office of Councilman, the 
term of which expires two years thereafter. 

11-3112 (5377). Nomination of Candidates — Primary Election. 

(1) Candidates to be voted for at all general municipal elec- 
tions at which a Mayor or Councilmen are to be elected under the 
provisions of this Act shall be nominated by a primary election, and 
no other names shall be placed upon the general ballot except those 
selected in the manner hereinafter prescribed. The primary election 
for such nominations shall be held on the second Monday preceding 
the municipal election. The judges of election appointed for the 
municipal election shall be the judges of the primary election, and it 
shall be held at the same places, as far as possible, and the polls 
shall be opened and closed at the same hours, with the same clerks 
as are required for said general municipal election. 

(2) Any qualified elector of said city who is the owner of any 
real estate situated therein, desiring to become a candidate for 
Mayor or Councilman, shall, at least ten days prior to said primary 
election, file with the City Clerk a statement of such candidacy in 
substantially the following form: 

State of Montana, County of ss. 

I, , being first duly sworn, 

say that I reside at street, 

City of , County of , State 

of Montana; that I am a qualified voter therein; that I am a candidate 
for nomination to the office of (Mayor or Councilman) to be voted 

upon at the primary election to be held on the 

Monday of , 19 , and I hereby request that my name 

be printed upon the official primary ballot for nomination by such pri- 
mary election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 

on this day of , 19 

(Signed). 

and shall at the same time file therewith the petition of at least 
twenty-five qualified voters requesting such candidacy. Each peti- 
tion shall be verified by one or more persons as to qualifications and 
residence, with street number, of each of the persons so signing the 
said petition, and the said petition shall be in substantially in the 
following form: 



ELECTION LAWS OF MONTANA 57 

(3) Petition Accompanying Nominating Statement. 

The undersigned, duly qualified electors of the City of , 

and residing at the places set opposite our respective names hereto, 
do hereby request that the name of (name of candidate) be placed in 
the ballot as a candidate for nomination for (name of office) at the 

primary election to be held in such city on the 

Monday of , 19 — We further state that we 

know him to be a qualified elector of said city and a man of good 
moral character, and qualified, in our judgment, for the duties of such 
office. 

Names of qualifying Electors. Number. Street. 



(4) Each signer of a nomination paper shall sign but one such 
nomination paper for the same office, except where more than one 
officer is to be elected to the same office, in which case he may sign 
as many nomination papers as there are officers to be elected, and 
only one candidate shall be petitioned for or nominated in the same 
nomination paper. 

(5) Immediately upon the expiration of the time of filing the 
statements and petitions for candidates, the said City Clerk shall 
cause to be published for three consecutive days in all the daily 
newspapers published in the city, in proper form, the names of the 
persons as they are to appear upon the primary ballots, and if there 
be no daily newspaper, then in two issues of any other newspapers 
that may be published in said city; and the said Clerk shall there- 
upon cause the primary ballots to be printed, authenticated with a 
facsimile of his signature. Upon the said ballots the names of the 
candidates for Mayor, arranged alphabetically, shall first be placed, 
with a square at the left of each name, and immediately below the 
words, "Vote for one." Following these names, likewise arranged in 
alphabetical order, shall appear the names of the candidates for 
Councilmen, with a square at the left of each name, and below the 
names of such candidates shall appear the words, "Vote for (giving 
the number of persons to be voted for)." The ballots shall be printed 
upon plain substantial, white paper, and shall be headed: 

Candidates for Nomintion for Mayor and Councilmen 

of the City of at the 

Primary Election: 

but shall have no party designation or mark whatever. The ballots 
shall be in substantially the following form: 

(Place a cross in the square preceding the names of the parties 
you favor as candidates for the respective positions.) 



58 ELECTION LAWS OF MONTANA 

Official Primary Ballot, 
Candidates for Nomination for Mayor and Councilmen 

of the City of _ at the 

Primary Election 

For Mayor 

(Name of Candidate) 

(Vote for one) 

For Councilman 

(Name of Candidate) 

(Vote for ) (Giving number to be voted for) 

Official Ballot Attest: 

(Signature) 

City Clerk. 

(6) Having caused said ballots to be printed, the said City Clerk 
shall cause to be delivered at each polling place a number of said 
ballots equal to twice the number of such voters registered in such 
polling place at the last general municipal election. The persons 
who are qualified to vote at the general election shall be qualified to 
vote at such primary election and any person offering to vote may be 
orally challenged by any elector of the city upon any or all of the 
grounds set forth and specified in Section 23-1220 of these Codes, 
and the provisions of Section 23-1221 to 23-1228, inclusive, of these 
Codes shall apply to all challenges made at such election. Judges 
of election shall immediately upon the closing of the polls count the 
ballots and ascertain the number of votes cast in such precinct for 
each of the candidates for Mayor and Councilmen, and make return 
thereof to the City Clerk upon the proper blanks to be furnished by 
the City Clerk within six hours of the closing of the polls. On the day 
following the primary election the City Clerk shall canvass said re- 
turns so received from all the polling precincts, and shall make and 
publish in all the newspapers in said city, at least once, the result 
thereof. Said canvass by the City Clerk shall be publicly made. 

(7) If a Mayor is to be elected at such municipal election, the 
two persons receiving the highest number of votes shall be the can- 
didates for Mayor. If one Councilman is to be elected at such muni- 
cipal election, the two persons receiving the highest number of votes 
shall be the candidates for Councilmen. If two Councilmen are to be 
elected at such general municipal election, the four persons receiv- 
ing the' highest number of votes shall be the candidates for Council- 
men, and if three Councilmen are to be elected at such municipal 
election, the six persons receiving the highest number of votes shall 
be the candidates for Councilmen, and if four Councilmen are to be 
elected at such general municipal election, the eight persons receiv- 
ing the highest number of votes shall be candidates for Councilmen 
at such general election, and these shall be the only candidates for 
Mayor and Councilmen at such general election. 

(8) All electors of cities under this Act, who, by ordinances gov- 
erning cities incorporated under the general municipal incorporation 



ELECTION LAWS OF MONTANA 59 

law, or by charter, would be entitled to vote for the election of officers 
at any general municipal election in such cities, shall be qualified 
to vote at all elections under this Act; and the ballots to be used at 
such general municipal election shall be in the same general form 
as for such primary elections so far as applicable, and in all elections 
in such cities the election precincts, voting places, method of con- 
ducting the elections, canvassing of votes, and announcing the re- 
sults shall be the same as by law provided for the election of officers 
in such cities so far as the same are applicable and not inconsistent 
with the provisions of this Act. 

(9) Every person who' has been declared elected Mayor or 
Councilman, shall, within ten days thereafter, take and file with the 
City Clerk his oath of office in the form and manner provided by law, 
and shall execute and give sufficient bond to the municipal cor- 
poration in the sum of Ten Thousand Dollars, conditioned for the 
faithful performance of the duties of his office, which bond shall be 
approved by the Judge of the District Court of the county in which 
such city is situated, and filed with the Clerk and Recorder of the 
county in which such city is situated. 

11-3113 (5377.1). Receipt of Majority of All Votes Cast at Pri- 
mary Election Elects Candidate and Dispenses with General Election, 
When. Whenever, in any city operating under a commission form 
of government, at a primary election held in accordance with Sec- 
tion 11-3112, a Councilman or Councilmen or a Mayor and Council- 
man or Councilmen are to be elected, one person or candidate for 
any office to be filled shall receive a majority of all votes cast for 
such office, then such person or persons shall be deemed duly elect- 
ed to the respective office or offices for which he or 'they receive such 
majority vote. If at such primary election more than two (2) persons 
are candidates for the same office and no one person receives a ma- 
jority of all votes cast for such office then the names of the two per- 
sons receiving the highest number of votes shall be placed upon the 
general municipal election ballot under the provisions of Section 
11-3112. If, in any year, all officers to be elected are thus elected 
by a majority vote at such primary election, then, in that event, no 
general municipal election shall be held in said city for said year. 

11-3114 (5378). Penalty for Working for Candidate. Any per- 
son who shall agree to perform any services in the interest of any 
candidate for any office provided in this Act, in consideration of 
any money or other valuable thing for such services performed in 
the interest of any candidate, shall be punished by a fine not ex- 
ceeding Three Hundred Dollars or be imprisoned in the county jail 
not exceeding thirty days. 

11-3115(5378.1). Fees for Filing for Office. Every candidate for 
Mayor and every candidate for Councilman in cities operating under 
the commission form of government shall, at the time of filing his 
nominating petition pay the following fees to the City Clerk as filing 
fee: A candidate for Mayor shall pay twenty dollars ($20.00), and a 
candidate for Councilman shall pay fifteen dollars ($15.00). 



60 ELECTION LAWS OF MONTANA 

11-3116 (5379). Bribery — False Answers Concerning Qualifica- 
tions of Elector — Voting by Disgualified Person. Any person offer- 
ing to give a bribe, either in money or other consideration, to any 
elector, for the purpose of influencing his vote at any election pro- 
vided in this Act, or any elector entitled to vote at any such election 
receiving and accepting such bribe or other consideration; any per- 
son who agrees, by promise or written statement, that he will do, or 
will not do, any particular act or acts, for the purpose of influencing 
the vote of any elector or electors at any election provided in this 
Act; any person making false aswer to any of the provisions of this 
Act relative to his qualifications to vote at such election; any person 
wilfully voting or offering to vote at such election who has not been 
a resident of this State for one year next preceding said election, or 
who is not twenty-one years of age, or is not a citizen of the United 
States, or knowing himself not to be a qualified elector of such pre- 
cinct where he offers to vote; any person knowingly procuring, aid- 
ing, or abetting any violation hereof, shall be deemed guilty of a mis- 
demeanor, and, upon conviction, shall be fined in a sum not less 
than One Hundred Dollars nor more than Five Hundred Dollars; and 
be imprisoned in the county jail not less than ten nor more than 
ninety days. 

(11-3117 (5380) to 11-3125 (5387), inclusive, bearing on Powers and 
Duties of Council, omitted). 

11-3126 (5388). Ordinances and Franchises — How Adopted or 
Granted. Every ordinance or resolution appropriating money, or 
ordering any street improvement or sewer, or making or authorizing 
the making of any contract, or granting any franchise or right to oc- 
cupy or use the streets, highways, bridges, or public places in the 
city for any purpose, shall be complete in the form in which it is 
finally passed, and remain on file with the City Clerk for public in- 
spection at least one week before the final passage or adoption 
thereof. No franchise or right to occupy or use the streets, highways, 
bridges, or public places in any such city shall be granted, renewed, 
or extended, except by ordinance, and every franchise or grant for 
interurban or street railways, gas, or water-works, electric light, or 
power plant, heating plant, telegraph or telephone systems, or other 
public service utilities, or renewal or extension of any such franchise 
or grant within such city, must be authorized or approved by a ma- 
jority of the electors voting thereon at a general or special election, 
as provided in Sections 11-1207, 11-1208 and 11-1209 of this Code. 

11-3127 (5389) to 11-3131 (5393), inclusive, relating to Powers and 
Duties of Council, omitted). 

11-3132 (5394). Recall of Elective Officers. The holder of any 
elective office may be removed at any time by the electors qualified 
to vote for a successor of such incumbent. The procedure to effect 
the removal of an incumbent of an elective office shall be as follows: 
A petition signed by twenty-five per cent of all qualified electors 
registered for the last preceding general municipal election, demand- 



ELECTION LAWS OF MONTANA 61 

ing an election of a successor of the person sought to be removed, 
shall be filed with the City Clerk, which petition shall contain a gen- 
eral statement of the grounds for which the removal is sought. The 
signatures to the petition need not be appended to one paper, but 
each signer shall add to his signature his place of residence, giving 
the street and number. One of the signers of such paper shall make 
oath before an officer competent to administer oaths that the state- 
ments therein are true as he believes, and that each signature to the 
paper appended is the genuine signature of the person whose name 
it purports to be. 

(2) Within ten days from the date of filing such petition the 
City Clerk shall examine, and from the voters' register ascertain 
whether or not said petition is signed by the requisite number of 
qualified electors, and, if necessary, the Council shall allow him ex- 
tra help for that purpose; and he shall attach to said petition his cer- 
tificate, showing the result of said examination. If, by the clerk's cer- 
tificate, the petition is shown to be insufficient, it may be amended 
within ten days from the date of said certificate. The Clerk shall, 
within ten days after such amendment, make like examination of 
the amended petition, and if his certificate shall show the same to be 
insufficient, it shall be returned to the person filing the same; without 
prejudice, however, to the filing of a new petition to the same effect. 
If the petition shall be deemed to be sufficient, the Clerk shall submit 
the same to the Council without delay. If the petition shall be found 
to be sufficient, the Council shall order and fix a date for holding 
said election, not less than seventy days nor more than eighty days 
from the date of the Clerk's certificate to the Council that a sufficient 
petition is filed. 

(3) The Council shall make, or cause to be made, publication of 
notice and all arrangements for holding such election, and the same 
shall be conducted, returned, and the result thereof declared, in all 
respects as are other elections. 

(4) As far as applicable, except as otherwise herein provided, 
nominations hereunder shall be made without the intervention of a 
primary election by filing with the Clerk, at least ten days prior to 
said special election, a statement of candidacy accompanied by a 
petition signed by electors entitled to a vote at said special election, 
equal in number to at least ten per cent of the entire number of per- 
sons registered to vote at the last preceding general municipal elec- 
tion, which said statement of candidacy and petition shall be sub- 
stantially in the form set out in Section 1 1-3112 of this Code, so far as 
the same is applicable, substitutiong the word "special" for the word 
"primary" in such statement and petition, and stating therein that 
such person is a candidate for election instead of nomination. 

(5) The ballot for such special election shall be in substantially 
the following form: 



62 ELECTION LAWS OF MONTANA 

Official Ballot 

Special election for the balance of the unexpired term of. 

as for 

(Vote for one only) 

(Name of candidate) 

Name of present incumbent 

Official ballot attest: 

(Signature) 



City Clerk. 

(6) The successor of any officer so removed shall hold office 
during the unexpired term of his predecessor. Any person sought 
to be removed may be a candidate to succeed himself, and unless 
he requests otherwise in "writing, the Clerk shall place his name on 
the official ballot without nomination. In any such removal election, 
the candidate receiving the highest number of votes shall be de- 
clared elected. At such election, if some other person than the in- 
cumbent receives the highest number of votes, the incumbent shall 
thereupon be deemed removed from the office upon the qualification 
of his successor. In case the party who receives the highest number 
of votes should fail to qualify within ten days after receiving notifica- 
tion of the election, the office shall be deemed vacant. If the in- 
cumbent receives the highest number of votes, he shall continue in 
office. The said method of removal shall be cumulative, and addi- 
tional to the methods heretofore provided by law. 

11-3133 (5395). Ordinance— How Submitted— Petition and Elec- 
tion. Any proposed ordinance may be submitted to the Council by 
petition signed by electors of the city equal in number to the per- 
centage hereinafter required. The signature, verification, inspection, 
certification, amendment, and submission of such petition shall be 
the same as provided for petition under the preceding section. If 
the petition accompanying the proposed ordinance be signed by 
electors equal in number to twenty-five per centum of the entire num- 
ber of persons registered to vote at the last preceding general elec- 
tion, and contains a request that the said ordinance be submitted to 
a vote of the people, if not passed by the Council, such Council shall 
either: 

(a) Pass each ordinance without alteration within twenty days 
after the attachment of the Clerk's certificate to the accompanying 
petition; or, 

(b) Forthwith, after the Clerk shall attach to the petition accom- 
panying such ordinance his certificate of sufficiency, the Council 
shall call a special election, unless a general municipal election is 
fixed by law within thirty days thereafter, and at such special or gen- 
eral municipal election, if one is so fixed, such ordinance shall be 
submitted to the vote of the electors of such city. 

But if the petition is signed by not less than ten nor more than 
twenty-five per centum of the electors, as above defined, then the 



ELECTION LAWS OF MONTANA 63 

Council shall, within twenty days, pass said ordinance without 
change, or submit the same at the next general city election occur- 
ing after the Clerk's certificate of sufficiency is attached to said 
petition. 

The ballots used when voting upon said ordinance shall contain 
these words: "For the ordinance" (stating the nature of the proposed 
ordinance), and "Against the ordinance" (stating the nature of the 
proposed ordinance). If a majority of the qualified electors voting on 
the proposed ordinance shall vote in favor thereof, such ordinance 
shall thereupon become a valid and binding ordinance of the city; 
and any ordinance proposed by the petition of which shall be 
adopted by a vote of the people cannot be repealed or amended 
except by a vote of the people. 

Any number of proposed ordinances may be voted upon at the 
same election, in accordance with the provisions of this section; but 
there shall not be more than one special election in any period of 
six months for such purposes. 

The Council may submit a proposition for the repeal of any such 
ordinance, or for amendments thereto, to be voted upon at any suc- 
ceeding general city election; and should such proposition so sub- 
mitted receive a majority of the votes cast thereon at such election, 
such ordinance shall thereby be repealed or amended accordingly. 
Whenever any ordinance or proposition is required by this Act to be 
submitted to the voters of the city at any election, the City Clerk shall 
cause such ordinance or proposition to be published once in each of 
the daily newspapers published in such city, and if there be none, 
then one time in each weekly newspaper published therein; such 
publication to be not more than twenty nor less than five days before 
the submission of such proposition or ordinance to be voted on. 

1 1-3134 (5396). Taking Effect and Suspension of Ordinances. No 

ordinance passed by the Council, except when otherwise required by 
the general laws of this State or the provisions of this Act, except an 
ordinance for the immediate preservation of the public peace, health, 
or safety, which contains a statement of its urgency, and is passed 
by a two-thirds vote of the Council, shall go into effect before ten 
days from the time of its final passage; and if, during said ten days, 
a petition signed by electors of the city equal in number to at least 
twenty-five per centum of the entire number of persons registered to 
vote at the last preceding general municipal election, protesting 
against the passage of such ordinance, be presented to the Council, 
the same shall thereupon be suspended from going into operation, 
and it shall be the duty of the Council to reconsider such ordinance; 
and if the same is not entirely repealed, the Council shall submit the 
ordinance, as is provided by Subdivision (b) of the preceding section, 
to the vote of the electors of the city, either at a general election or at 
a special municipal election to be called for that purpose; and such 
ordinance shall not go into effect or become operative unless a ma- 
jority of the qualified electors voting on the same shall vote in favor 



64 ELECTION LAWS OF MONTANA 

thereof. Said petition shall be in all respects in accordance with the 
provisions of the preceding section, except as to the percentage of 
signers, and be examined and certified to by the Clerk in all re- 
spects as therein provided. 

11-3135 (5397). Abandonment of Commission Form. Any city 
which shall have operated for more than one year under the pro- 
visions of this Act may abandon such organization hereunder and ac- 
cept the provisions of the general law of the state then applicable 
to cities of its population. 

Upon the petition of not less than ten percent (10%) of the 
electors of such city registered for the last preceding general elec- 
tion, the following proposition shall be placed upon the ballot at the 
next regular city election, provided the petition be filed at least sixty 
(60) days prior to the date of such election: 

"Shall the City of (name the city) abandon its organization under 
Chapter 57 of the Acts of the Twelfth Legislative Assembly and be- 
come a city under the general law governing cities of like popula- 
tion; or if formerly organized under special charter shall resume said 
special charter?" 

If the majority of the votes cast at such election be in favor of 
such proposition, the officers elected at the next succeeding biennial 
election shall be those then prescribed by the general law of the 
State for cities of like population, and upon the qualification of such 
officers such city shall become a city under such general law of the 
State but such change shall not in any manner or degree effect the 
property, rights, or liabilities of any nature of such city, but shall 
merely extend to each change in its form of government. 

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, generally as pro- 
vided for by Section 11-3132 of this Code, insofar as the provisions 
thereof are opplicable; or if now organized under special charter, 
may resume said special charter. Whenever the form of government 
of any city is determined by a vote of the people under the provision 
of this section, the same question shall not be submitted again for a 
period of two years, and any ordinance adopted by a vote of the 
people shall not be repealed on the same question submitted for a 
period of two (2) years. 

(As amended by Chapter 105, Laws of 1951). 

11-3136. Requirements of Petitions. Petition provided for in 
this Act shall be signed by none but legal voters of the city. Each 
petition shall contain, in addition to the names of the petitioners, the 
street and house number in which the petitioner resides, his length 
of residence in the city. It shall also be accompanied by the affidavit 
of one or more legal voters of the city, stating that the signers thereof 
were, at the time of signing, legal voters of said city, and the number 
of signers at the time the affidavit was made. 

(As amended by Chapter 105, Laws of 1951.) 



ELECTION LAWS OF MONTANA 65 

11-3137 (5399). Effect of Act Upon Existing Lows. All Acts and 
parts of Acts, and all laws, not inconsistent with any of the pro- 
visions of this Act, now in force or hereafter enacted relative to muni- 
cipal corporations, are hereby continued in full force and effect, and 
shall be considered and construed as not repealed by this Act, ex- 
cept insofar as the same may be in conflict or inconsistent with the 
provisions of this Act. 

CHAPTER 32 

COMMISSION— MANAGER FORM OF GOVERNMENT 

11-3201 (5400). Any City May Reorganize Under Commission- 
Manager Form. Any municipality may abandon its organization 
and reorganize under the provisions of this Act, by proceeding as 
hereinafter provided. 

11-3202 (5401). Submission of Question to Electors— Petition and 
Order of Election. Upon a petition being filed with the City or Town 
Council, signed by not less than twenty-five per cent of the qualified 
electors of such municipality registered for the last preceding general 
municipal election, praying that the question of reorganization under 
this Act be submitted to the qualified electors of such municipality, 
said City or Town Council shall thereupon, and within thirty days 
thereafter, order a special election to be held, at which election the 
question of reorganization of such municipality under the provisions 
of this Act shall be submitted to the qualified electors of such munici- 
pality. 

Such order of the City or Town Council shall specify therein the 
time when such election shall be held, which must be within ninety 
days from the date of filing of such petition. 

11-3203(5402). Proclamation of Election. Upon the City or Town 
Council ordering such special election to be held, the Mayor of such 
municipality shall issue a proclamation setting forth the purpose for 
which such special election is held, and the date of holding such 
special election, which proclamation shall be published for ten con- 
secutive days in each daily newspaper published in said munici- 
pality, if there be such, otherwise once a week for two consecutive 
weeks in each weekly newspaper published therein, and such 
proclamation shall also be posted in at least five public places 
within such municipality. 

11-3204 (5403). Ballots— Form. At such election, the ballots 
to be used shall be printed on plain white paper, and shall be headed 
"Special election for the purpose of submitting to the qualified electors 
of (city, town) of (name of city or town) under Chapter (name of 
chapter containing this Act) of the Acts of the Fifteenth Legislative 
Assembly," and shall be substantially in the following form: 

For reorganization of the (city, town) of (name of city or town) 
under Chapter (name of the chapter containing this Act) of the Acts of 
the Fifteenth Legislative Assembly. 



66 ELECTION LAWS OF MONTANA 

Against reorganization of the (city, town) of (name of city or 
town) under Chapter (name of Chapter containing this Act) of the 
Acts of the Fifteenth Legislative Assembly. 

Such election shall be conducted, and vote canvassed and result 
declared in the same manner as provided by law in respect to other 
municipal elections. 

11-3205 (5404). Certificate of Result of Election—Election Not to 
Be Held Within Two Years After Failure to Adopt. If such proposi- 
tion is adopted, the Mayor shall transmit to the Governor, to the 
Secretary of State and to the County Clerk and Recorder, each a 
certificate stating that such proposition was adopted. 

If such proposition shall not be adopted at such special election, 
such proposition shall not again be submitted to the electors of such 
municipality within a period of two years from the date of the last 
submission. 

11-3206 (5405). Special Election for Electing Commissioners. If 

the majority of the votes cast at such election be in favor of such 
proposition, the City or Town Council must hold a meeting within one 
week thereafter and at such meeting order a special election to be 
held for the purpose of electing the number of Commissioners to 
which such municipality shall be entitled, which order shall specify 
the time of holding such election, which must be within ninety days 
after the making of such order, and the Mayor shall thereupon issue 
a proclamation setting forth the purpose for which such special 
election is held and the day of holding the same, which proclamation 
shall be published for ten successive days in each daily newspaper 
published in such municipality if there be such, otherwise for two 
successive weeks in each weekly newspaper published therein, and 
a copy thereof shall also be posted at each voting place within said 
municipality and also in five of the most public places in said 
municipality. 

11-3207 (5406). Manner of Conducting Election — Canvassing 
Votes. Such election shall be conducted, the vote canvassed, and 
the result declared in the same manner as provided by law in 
respect to other municipal elections. 

11-3208 (5407). Laws Governing City — Ordinances — Territorial 
Limits and Property. All laws governing municipalities of like popu- 
lation, and not inconsistent with the provisions of this Act, shall 
apply to and govern municipalities organized under this Act. All 
by-laws, ordinances, and resolutions lawfully passed and in force 
in any such municipality under its organization, not in conflict here- 
with, shall remain in force until altered or repealed by the Commis- 
sion under the provisions of this Act. The territorial limits of such 
municipality shall remain the same as under the former organization, 
and all rights and property of every description which were vested in 
any such municipality under its former organization shall vest in the 
same under the organization herein contemplated, and no right or 
liability either in favor of or against it, existing at the time, and no suit 



ELECTION LAWS OF MONTANA 67 

or prosecution of any kind, shall be affected by such change, unless 
otherwise provided for in this Act. 

1 1-3209 (5408). Organization of Communities or Groups of Com- 
munities as Municipality — Election Proclamation — Election of Com- 
missioners. Whenever the inhabitants of any community or group 
of communities in any county, whether separately incorporated in 
whole or in part, or unincorporated, which are situated in such 
proximity or location with reference to each other as to make single 
municipal control necessary or desirable, shall desire to be organ- 
ized into or annexed to an incorporated city or town under the 
provisions of this Act, the Board of County Commissioners of such 
county may, or upon the presentation of a petition signed by not less 
than twenty-five per cent of the qualified electors in such community 
or group of communities must, issue a proclamation ordering a 
special election to be held, at which election the question of the 
organization of such community or group of communities as a mu- 
nicipality under the provisions of this Act shall be submitted to the 
qualified electors within the proposed municipal district. Said proc- 
lamation shall specify the time when and the places where such 
election shall be held, which must be within ninety days from the 
date of filing such petition, and shall define the boundaries of 
said proposed municipal district, which shall include all such 
communities and cities, and such additional adjacent territory as 
shall, in the judgment of the Board of County Commissioners, 
provide for future urban growth. 

If a majority of the legal voters at said election vote in favor of 
the organization of such municipal district, or in favor of annexation 
to an incorporated city or town, then the Board of County Commis- 
sioners shall declare the result of said elections, and immediately 
thereafter shall give notice for thirty days in a newspaper published 
within the proposed municipal district, or if none be published there- 
in, by posting notices in six public places within the limits of said 
district of the time and place or places of holding the first election 
for Commissioners of such municipal district under this law. At such 
election all electors qualified by the general election laws of the State 
who have resided within the limits of the municipal district for six 
months are qualified electors. The Board of County Commissioners 
must appoint judges and clerks of election, and canvass and declare 
the result thereof. The election must be conducted in the manner 
prescribed by law for the election of county officers, and the Com- 
missioners so elected must qualify in the manner prescribed by law 
for county officers. 

11-3210 (5409). Powers of Municipalities Under Commission — 
Manager Plan. The inhabitants of any municipality, coming under 
the provisions of this Act, as its limits now are, or may hereafter be, 
shall be a body politic and corporate and have a corporate name, 
and as such shall have perpetual succession, and may use a cor- 
porate seal. Through its duly elected officers, it may sue and be 
sued; may acquire property in fee simple or lesser interest, or estate 



68 ELECTION LAWS OF MONTANA 

by purchase, gift, devise, appropriation, lease, or lease with the 
privilege to purchase for any municipal purpose; may sell, lease, 
hold, manage, and control such property, and make any and all 
rules and regulations by ordinance or resolution which may be 
required to carry out fully all provisions of any conveyance, deed, 
or will, in relation to any gift or bequest, or the provisions of any 
lease by which it may acquire property; may acquire, construct, 
own, lease, and operate and regulate public utilities; may assess, 
levy, and collect taxes for general and special purposes on all the 
subjects or objects which the municipality may lawfully tax; may 
borrow money on the faith and credit of the municipality by the 
issue or sale of bonds or notes of the municipality; may appropriate 
money of the municipality for all lawful purposes; may create, 
provide for, construct, regulate and maintain all things of nature of 
public works and improvements; may levy and collect assessments 
for improvement districts and other local improvements; may license 
and regulate persons, corporations, and associations engaged in 
any business, occupation, profession, or trade; may define, prohibit, 
abate, supress, and prevent all things detrimental to the health, 
morals, comfort, safety, convenience, and welfare of the inhabitants 
of the municipality, and all nuisances and the causes thereof; may 
regulate the construction, height, and the material used in all build- 
ings, and the maintenance and occupancy thereof; may regulate and 
control the use, for whatever purpose, of the streets and other public 
places; may create, establish, abolish, and organize, offices, and 
fix the salaries and compensations of all officers and employees; 
may make and enforce local sanitary and police and other regula- 
tions; and may pass such ordinances as may be expedient for 
maintaining and promoting peace, good government, and welfare 
of the municipality, and for the performance of the functions thereof. 
The municipality shall have all powers that now are or hereafter may 
be granted to municipalities by the constitution or laws of Montana; 
and all such powers, whether expressed or implied, shall be exer- 
cised and enforced in the manner prescribed by this Act, or when 
not prescribed therein, in such manner as shall be prescribed by the 
ordinances or resolutions of the Commission. 

11-3211 (5410). Form of Government to Be Known as "Commis- 
sion-Manager Plan" — Composition of Commission — Powers. The 

form of government provided for in this chapter shall be known as 
the "commission-manager plan," and shall consist of a commis- 
sion of citizens, who shall be elected at large in the manner herein- 
after provided. The commission shall consist of three (3) commis- 
sioners for all municipalities having a population of less than fifteen 
thousand (15,000) and five (5) commissioners for all cities having a 
population of fifteen thousand (15,000) or more. The commission 
shall constitute the governing body, with powers as hereinafter 
provided, to pass ordinances, adopt regulations and appoint a chief 
administrative officer to be known as the "city manager," and exer- 
cise all powers as hereinafter provided. 



ELECTION LAWS OF MONTANA 69 

11-3212 (5411). Qualification of Commissioners — Tenure of Of- 
fice — Expiration of Terms. The Commissioners elected at the first 
election shall qualify and their terms of office shall begin on the 
first Monday after their election, and the terms of office of the Mayor 
and Councilmen or Aldermen in such city or town in office at the 
beginning of the term of office of the Commissioners first elected 
under the provisions of this Act shall cease and terminate, and the 
terms of office of all their appointed officers, and of all of the employ- 
ees of such city or town, shall cease and terminate as soon as the 
Commissioners shall by resolution declare. 

All Commissioners shall serve for a term of four years and until 
their successors are elected and have qualified; except that at the 
first election the two candidates having the highest number of votes 
shall hold office for a period of four years, less the time elapsed since 
the 31st day of December of the odd numbered year last preceding. 
The terms of office of all other candidates shall expire on the 31st 
day of December in any odd numbered year following the special 
election provided for in this Act, at which the first commissioners 
are elected. 

11-3213(5412). Filling of Vacancies in Commission. Vacancies 
in the Commission shall be filled by the Commission for the remain- 
der of the unexpired term, but any vacancy resulting from a recall 
shall be filled in the manner provided in such case. 

11-3214 (5413). Qualifications of Commissioners — Holding 
Other Public Office Forbidden — Interest in Contracts Not Allowed — 
Accepting Gratuities Forbidden. Members of the Commission shall 
be residents of the city or town and have the qualifications of electors, 
and own real estate situated therein to the assessed value of not 
less than one thousand dollars. Commissioners and other officers 
and employees shall not hold any other public office or employment, 
except in the State Militia, as School Trustees, or Notary Publics, 
and shall not be interested in the profits or emoluments of any con- 
tract, job, or service for the municipality. Any Commissioner who 
shall cease to possess any of the qualifications herein required, shall 
forthwith forfeit his office, and any such contract in which any mem- 
ber is or may be interested, may be declared void by the Com- 
mission. 

No Commissioner or other officer or employee of said city or 
town shall accept any frank, free ticket, pass or service directly or 
indirectly, from any person, firm or corporation upon terms more 
favorable than are granted to the public generally. Any violation 
of the provisions of this section shall be a misdemeanor and shall 
also be sufficient cause for the summary removal or discharge of 
the offender. Such provisions for free service shall not apply to 
policemen or firemen in uniform or wearing their official badges, 
where the same is provided by ordinance, nor to any Commissioner, 
nor to the City Manager, nor to the City Attorney, upon official 
business, nor to any other employee or official of said city on official 
business who exhibits written authority signed by the City Manager. 



70 ELECTION LAWS OF MONTANA 

11-3215 (5414). Nomination of Candidates — Primary Election 

(1) Candidates to be voted for at all general municipal elections at 
which Commissioners are to be elected under the provisions of this 
Act shall be nominated by a primary election, and no other names 
shall be placed upon the general ballot except those elected in the 
manner hereinafter prescribed. The primary election for such nomi- 
nations shall be held on the last Tuesday of August of the odd- 
numbered years. 

(2) Any qualified elector of the municipality, who is the owner 
of real estate situated therein to the value of not less than one 
thousand dollars, desiring to become a candidate for Commissioner, 
shall, at least ten days prior to said primary election, file with the 
Clerk of the Commission a statement of such candidacy in sub- 
stantially the following form: 

State of Montana, County of ss. 

I ; , being first duly sworn, say that I reside 

at street, (city, town) of 

County of < State of Montana; that I am a qualified 

voter therein; that I am a candidate for nomination to the office of 
Commissioner to be voted upon at the primary election to be held on 

the last Tuesday of August, 19 , and I hereby request that my 

name be printed upon the official primary ballot for nomination by 
such primary election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 

on this day of , 19 

(Signed) 

And shall at the same time file therewith the petition of at least 
twenty-five qualified voters requesting such candidacy. Each petition 
shall be verified by one or more persons as to qualifications and resi- 
dence, with street number, of each of the persons so signing the said 
petition, and the said petition shall be in substantially the following 
form: 

(3) Petition Accompanying Nominating Statement. 

The undersigned duly qualified electors of the (city, town) of 

.'.., and residing at the places set opposite our respective 

names hereto, do hereby request that the name of (name of candi- 
date) be placed on the ballot as a candidate for nomination to the 
office of Commissioner at the primary election to be held on the last 

Tuesday of August, 19 We further state that we know him to be 

a qualified elector of said (city, town), and a man of good moral 
character, and qualified, in our judgment, for the duties of such 
office, and we individually certify that we have not signed similar 
petitions greater in number than the number of Commissioners to be 
chosen at the next general municipal election. 



ELECTION LAWS OF MONTANA 1\ 

Names of Qualifying Electors. Number. Street. 

(Space for Signature.) 

State of Montana, County of ss. 

, being duly 'sworn, deposes and says, 

that he knowns the qualifications and residence of each of the per- 
sons signing the appended petition, and that such signatures are 
genuine, and the signatures of the persons whose names they pur- 
port to be. 

(Signed) - 

Subscribed and sworn to before me this day of 

19 



Notary Public. 

This petition, if found insufficient, shall be returned to _ 

at No Street, , Montana. 

(4) Immediately upon the expiration of the time of filing the 
statements and petition for candidates, the Clerk of the Commission 
shall cause to be published for three consecutive days in all the 
daily newspapers published in the municipality in proper form, the 
names of the persons that are to appear upon the primary ballots, 
and if there be no daily newspaper, then in two issues of any other 
newspaper that may be published in said municipality, and the said 
clerk shall thereupon cause the primary ballots to be printed, and 
authenticated with a facsimile of his signature. 

1 1-3216 (5415). Ballots— Form, Contents and Distribution— Quali- 
fication of Electors — Conduct of Election. 

(1) All ballots used in all elections held under authority of this 
Act shall be without party mark or designation. The ballots shall be 
printed on plain, substantial white paper. 

(2) Except that the crosses here shown shall be omitted, and 
that in place of the names of persons here shown, there shall ap- 
pear the names of the persons who are candidates for nomination, 
the primary ballots shall be substantially as hereinafter designated. 
Primary, regular and special election ballots provided under au- 
thority of this Act for the nomination or election of Commissioners 
shall not bear the name of any person or persons or any issue other 
than those of candidates for the nomination or election to the office 
of Commissioner. 

Official Primary Ballot 

Vote for (insert here a number equal to the number of persons to 
be elected to the office of Commissioner at the next regular municipal 
election). 

If you wrongly mark, tear or deface this ballot, return it and 
obtain another. 



72 ELECTION LAWS OF MONTANA 

Candidates for nomination to the office of Commissioner at the 
primary election. 

John Doe 







Henry Smith 

George Jones 

James Richards 

Richard Doe 

Offical Ballot Attest: 

(Signature). 



Clerk of the Commission. 



(3) Having caused said ballots to be printed, the Clerk of the 
Commission shall cause to be delivered at each polling place a 
number of said ballots, ten per cent in excess of the number of such 
voters registered in such polling place at the last general municipal 
election. The persons who are qualified to vote at the general elec- 
tion, shall be qualified to vote at such primary election, and any per- 
son offering to vote, may be orally challenged by any elector of 
the municipality upon any or all grounds set forth and specified in 
Section 23-1220, and the provisions of Sections 23-1221 to 23-1228, 
inclusive, shall apply at all challenges made at such election. Judges 
of election shall immediately upon the closing of the polls, count the 
ballots and ascertain the number of such votes cast in such precinct 
for each of the candidates, and make return thereof to the Clerk of 
the Commission upon proper blanks to be furnished by the Clerk of 
the Commission within twelve hours of the closing of the polls. Not 
later than the first legal day after he shall have received such re- 
turns, the Clerk of the Commission shall canvass said returns so 
received from all the polling precincts and shall make and publish 
in all the newspapers in said municipality, at least once, the result 
thereof. Said canvass by the Clerk of the Commission shall be made 
publicly. 

(4) The candidates for nomination to the office of Commissioner 
who shall have received the greatest vote in such primary election 
shall be placed on the ballot at the next regular municipal election, 
in number not to exceed double the number of vacancies in the Com- 
mission to be filled. 

(5) Except as otherwise in this Act provided all electors of muni- 
cipalities under this Act, who, by ordinances governing cities and 



ELECTION LAWS OF MONTANA 73 

towns incorporated under the general municipal incorporation law, 
or by charter, would be entitled to vote for the election of officers 
at any general municipal election in such cities or towns, shall be 
qualified to vote at all elections under this Act; and the ballots to be 
used at such general municipal elections, shall be in same general 
form as for such primary election so far as applicable, and in all 
elections in such municipalities, the election precincts, voting places, 
method of conducting the elections, canvassing of votes and an- 
nouncing the results, shall be the same as by law provided for the 
election of officers in such cities or towns so far as the same are ap- 
plicable and not inconsistent with the provisions of this Act. 

11-3217 (5416). Arrangement of Names of Candidates on Ballot. 

The names of candidates on all ballots used in any election held 
under the authority of this Act shall be printed in rotation, as follows: 

The ballots shall be printed in as many series as there are candi- 
dates for the office of Commissioner. The whole number of ballots 
to be printed shall be divided by the number of series, and the 
quotient so obtained shall be the number of ballots in each series. 
In printing the first series of ballots, the names of candidates shall 
be arranged in alphabetical order. After printing the first series, the 
first name shall be placed last and the next series printed, and the 
process shall be repeated until each name in the list shall have been 
printed first an equal number of times. The ballots so printed shall 
then be combined in tablets, so as to have the fewest possible bal- 
lots having the same order of names printed thereon together in the 
same tablet. 

1 1-3218 (5417). Date of Holding Regular Elections— Special Elec- 
tions. A regular election for the choice of Commissioners, provided 
for in this Act, shall be held on the first Tuesday after the first Mon- 
day in November of any odd-numbered year, and on the first Tues- 
day after the first Monday in November in each second year there- 
after. Elections so held shall be known as regular municipal elec- 
tions. All other elections held under the provisions of this Act, ex- 
cepting those for the nomination of candidates for the office of Com- 
missioner, shall be known as special municipal elections. 

11-3219 (5418). Filing of Election Expenses of Candidates— Pen- 
alty for Violations. Every candidate for Commissioner shall, within 
thirty (30) days after the election, file with the Clerk of the Commis- 
sion his sworn statement of all his election and campaign expenses, 
and by whom such funds were contributed. 

Any violation of the provisions of this section, shall be a misde- 
meanor and if committed by a successful candidate, give grounds 
for the removal from office. 

11-3220 (5419). Recall of Commissioners — Petition for Recall. 

Any or all of the Commissioners provided for in this Act may be re- 
moved from office by the electors. The procedure to effect such re- 
moval, shall be as follows: 



74 ELECTION LAWS OF MONTANA 

A petition demanding that the question of removing such officers 
be submitted to the electors shall be filed with the Clerk of the Com- 
mission. 

Such petition for the recall of any or all of the Commissioners 
shall be signed by at least twenty-five per cent, of the total number 
of registered voters in the municipality. 

The signature to such petition need not be appended to any one 
paper. 

11-3221 (5420). Issuance of Petition Papers. Petition papers 
shall be procured only from the Clerk of the Commission, who shall 
keep a sufficient number of such blank petitions on file for distribu- 
tion as herein provided. Prior to the issuance of such petition papers, 
an affidavit shall be made by one or more qualified electors and filed 
with the Clerk of the Commission, stating the name and the office of 
the officer or officers sought to be removed. The Clerk of the Com- 
mission, upon issuing any such petition papers to an elector, shall 
enter in a record, to be kept in his office, the name of the elector 
to whom issued, the date of such issuance, and the number of papers 
issued, and shall certify on such papers the name of the elector to 
whom issued, and the date issued. No petition papers so issued shall 
be accepted as part of the petition unless it bears such certificate of 
the Clerk of the Commission, and unless it be filed as provided 
herein. 

11-3222 (5421). Signatures and Affidavit to Petition Papers. 

Each signer of a recall petition shall sign his name in ink or indelible 
pencil, and shall place thereon, after his name, his place of resi- 
dence by street and number. To each such petition paper there shall 
be attached an affidavit of the circulator thereof, stating the number 
of signers to such part of the petition, and that each signature ap- 
pended to the paper was made in his presence and is the genuine 
signature of the person whose name it purports to be. 

11-3223 (5422). Assembling and Filing Petition Papers. All 

papers comprising a recall petition shall be assembled and filed 
with the Clerk of the Commission as one instrument within thirty 
days after the filing with the Clerk of the Commission of the affidavit 
stating the name and the office of the officer sought to be removed. 

11-3224 (5423). Notification of Officer— Recall Election. The 

Clerk of the Commission shall at once submit the recall petition to the 
Commission, and shall notify the officer sought to be recalled of such 
action. If the official whose removal is sought does not resign with- 
in five days after such notice, the Commission shall thereupon order 
and fix a day for holding a recall election. Any such election shall 
be held not less than seventy nor more than eighty days after the 
petition has been presented to the Commission, at the same time as 
any other general or special election held within such period; but 
if no such election be held within such period, the Commission shall 
call a special recall election to be held within the time aforesaid. 



ELECTION LAWS OF MONTANA 75 

11-3225 (5424). Ballots at Recall Election— Requirements— Nom- 
ination of Candidates to Fill Vacancies. The ballots at such recall 
election shall conform to the following requirements: 

With respect to each person whose removal is sought, the ques- 
tion shall be submitted, "Shall (name of person) be removed from the 
office of (name of office) by recall?" 

Immediately following each such question, there shall be printed 
on the ballots the two propositions, in the order set forth: 

"For the recall (name of person). 

Against the recall (name of person)." 

Immediately to the left of the proposition shall be placed a 
square in which the electors, by making a cross mark (X), may vote 
for either of such propositions. Under said questions shall be placed 
the names of candidates to fill the vacancy or vacancies. The name 
of the officer or officers whose removal is sought shall not appear 
on the ballot as a candidate or candidates to succeed himself or 
themselves. 

Before any such recall election for the removal of Commissioners 
shall be had, there shall be nominated candidates to fill the vacancy 
or vacancies, the nominations therefor to be made by petition, which 
petition for each candidate shall be signed by at least twenty-five 
registered electors, and shall be filed at least thirty days prior to the 
date fixed for holding such recall election; and the form and require- 
ments for said petition shall be the same as hereinbefore provided in 
the case of primary nominations. 

11-3226 (5425). Effect of Majority Vote for or Against Recall. 

Should a majority of the votes cast at a recall election be against the 
recall of the officer named on the ballot, such officer shall continue 
in the office for the remainder of his unexpired term, subject to recall 
as before. If a majority of the votes cast at a recall election shall be 
for the recall of the officer named on the ballot, he shall, regardless 
of any technical defects in the recall petition, be deemed removed 
from office. 

11-3227 (5426). Limitation Upon Time of Filing Recall Petition. 

No recall petition shall be filed against a Commissioner within six 
months after he takes his office, nor, in case of an officer re-elected 
in a recall election, until six months after that election. 

11-3228 (5427). Working for Candidate Forbidden. Any person 
who shall agree to perform any services in the interest of any candi- 
date for any office provided in this Act, in consideration of any 
money or other valuable thing for such services performed in the in- 
terest of any candidate, shall be punished by a fine not exceeding 
Three Hundred Dollars, or be imprisoned in the county jail not ex- 
ceeding thirty days, or both such fine and imprisonment. 



76 ELECTION LAWS OF MONTANA 

11-3229 (5428). Bribery — False Answers Concerning Qualifica- 
tions of Elector — Voting by Disqualified Person. Any person offer- 
ing to give a bribe, either money or other consideration, to any 
elector for the purpose of influencing his vote at any election pro- 
vided in this Act, or any elector entitled to vote at any such election 
receiving and accepting such bribe or other consideration; any per- 
son who agrees, by promise or written statement, that he will do, or 
will not do, any particular act or acts, for the purpose of influencing 
the vote of any elector or electors at any election provided in this 
Act; any person making false answer to any of the provisions of this 
Act relative to his qualifications to vote at such election; any person 
wilfully voting or offering to vote at such election, who has not been 
a resident of this state for one year next preceding said election, or 
who is not twenty-one years of age, or is not a citizen of the United 
States, or knowing himself not to be a qualified elector or such pre- 
cinct where he offers to vote; any person knowingly procuring, aid- 
ing, or abetting any violation hereof, shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined a sum of not less 
than One Hundred Dollars nor more than Five Hundred Dollars, or 
be imprisoned in the county jail not less than ten nor more than 
ninety days, or both such fine and imprisonment. 

11-3230 (5429). Proposed Ordinances — How Submitted — Re- 
quirements of Petition to Submit. Any proposed ordinance may be 
submitted to the Commission by petition signed by at least ten per 
cent, of the total number of registered voters in the municipality. All 
petition papers circulated with respect to any proposed ordinance 
shall be uniform in charactor and shall contain the proposed or- 
dinance in full, and have printed or written thereon the names and 
addresses of at least five electors who shall be officially regarded as 
filing the petition, shall constitute a committee of the petitioners for 
the purposes herein after named. 

11-3231 (5430). Signatures and Affidavit to Petitions. Each 
signer of a petition shall sign his name in ink or indelible pencil, and 
shall place on the petition papers, after his name, his place of resi- 
dence by street and number. The signatures of any such petition 
papers need not all be appended to one paper, but to each such 
paper there shall be attached an affidavit by the circulator thereof, 
stating the number of signers to such part of the petition, and that 
each signature appended to the paper is the genuine signature of 
the person whose name it purports to be, and was made in the pres- 
ence of the affiant. 

1 1-3232 (5431). Assembling and Filing of Petition Papers— Hear- 
ing Upon Proposed Ordinances — Submission to Electors. All papers 
comprising a petition shall be assembled and filed with the Clerk of 
the Commsision as one instrument, and when so filed, the Clerk of 
the Commission shall submit the proposed ordinance to the Commis- 
sion at its next regular meeting. Provision shall be made for public 
hearings upon the proposed ordinances. 



ELECTION LAWS OF MONTANA 77 

The Commission shall at once proceed to consider it, and shall 
take final action thereon within thirty days from the date of sub- 
mission. If the Commission rejects the proposed ordinance, or passes 
it in a different form from that set forth in the petition, the committee 
of the petitioners may require it to be submitted to a vote of the 
electors in its original form, or that it be submitted to a vote of the 
electors with any proposed change, addition, or amendment, if a 
petition for such election is presented bearing additional signatures 
of fifteen per cent, of the electors of the city or town. 

11-3233 (5432). Submission of Petition and Proposed Ordinance 
to Clerk. When an ordinance proposed by petition is to be sub- 
mitted to a vote of the electors, the committee of the petitioners shall 
certify that fact and the proposed ordinance to the Clerk of the Com- 
mission within twenty days after the final action on such proposed 
ordinance by the Commsision. 

11-3234 (5433). When Proposed Ordinance Is to Be Submitted to 
Electors. Upon receipt of the certificate and certified copy of the pro- 
posed ordinance, the clerk shall certify the fact to the Commission at 
its next regular meeting. If an election is to be held not more than 
six months nor less than thirty days after the receipt of the clerk's 
certificate by the Commission, such proposed ordinance shall then 
be submitted to a vote of the electors. If no such election is to be 
held within the time aforesaid, the Commission shall provide for sub- 
mitting the proposed ordinance to the electors at a special election. 

11-3235 (5434). Contents of Ballot— When Proposed Ordinance 
Becomes Effective. The ballots used when voting upon any such pro- 
posed ordinance shall state the title of the ordinance to be voted on, 
and below it the two propositions, "For the ordinance," and "Against 
the ordinance." Immediately at the left of each proposition there 
shall be a square, in which, by making a cross (X), the voter may 
vote for or against the proposed ordinance. If a majority of the 
electors voting on any such proposed ordinance shall vote in favor 
thereof, it shall thereupon become an ordinance of the municipality. 

11-3236 (5435). Repealing Ordinance — Publication, Amend- 
ment, and Repeal of Initiated Ordinances. Proposed ordinances for 
repealing any existing ordinance or ordinances, in whole or in part, 
may be submitted to the Commission as provided in the preceding 
section for initiating ordinances. Initiated ordinances adopted by 
the electors shall be published and may be amended or repealed by 
the Commission as in the case of other ordinances. 

11-3237 (5436). When Ordinances of Commission Take Effect- 
Petition for Repeal Suspends Effect Unless Law Is Compiled With. 

No ordinance passed by the Commission, unless it be an emergency 
measure, shall go into effect until thirty days after its final passage 
by the Commission. If at any time within the said thirty days, a peti- 
tion signed by twenty-five per cent, of the total number of registered 
voters in the municipality be filed with the Clerk of the Commis- 
sion, requesting that any such ordinance be repealed or submitted 



78 ELECTION LAWS OF MONTANA 

to a vote of the electors, it shall not become operative until the steps 
taken herein shall have been taken. 

1 1-3238 (5437). Reconsideration of Ordinance — Submission to 
Electors — Failure to Approve Operates as Repeal. The Clerk of the 
Commission shall deliver the petition to the Commission, which shall 
proceed to reconsider the ordinance. If, upon such reconsidera- 
tion, the ordinance be not entirely repealed, the Commission shall 
provide for submitting to a vote of the electors, and in so doing, 
the Commission shall be governed by the provisions herein con- 
tained, respecting the time of submission and manner of voting 
on ordinances proposed to the Commission by petition. If, when 
submitted to a vote of the electors, any such ordinance be not ap- 
proved by a majority of those voting thereon, it shall be deemed re- 
pealed. 

11-3239 (5438). Contents and Requirements of Referendum Peti- 
tions — Ballots. Referendum petitions need not contain the text of the 
ordinance, the repeal of which is sought, but shall be subject in all 
other respects to the requirements for petitions submitting proposed 
ordinances to the Commission. Ballots used in referendum elections 
shall conform in all respects to those provided for in Section 11-3235 
of this Code. 

11-3240 (5439). Other Ordinances Subject to Referendum. Or- 
dinances submitted to the Commission by initiative petition and 
passed by the Commission without change, or passed in an amend- 
ed form and not required to be submitted to a vote of the electors by 
the committee of the petitioners, shall be subject to a referendum in 
the same manner as other ordinances. 

11-3241 (5440). Highest Affirmative Vote Prevails When Ref- 
erendum Ordinances Conflict. If the provisions of two or more or- 
dinances adopted or approved at the same election conflict, the or- 
dinance 'receiving the highest affirmative vote shall prevail. 

11-3242 (5441). Emergency Ordinances Subject to Referendum 
— Rules Applicable. Ordinances passed as emergency measures 
shall be subject to a referendum in like manner as other ordinances, 
except that they shall go into effect at the time indicated in such 
ordinances. If, when submitted to a vote of trie electors, an emer- 
gency measure be not approved by a majority of those voting there- 
on, it shall be considered repealed as regards any further action 
thereunder; but such measure so repealed shall be deemed sufficient 
authority for payment, in accordance with the ordinance, of any ex- 
pense incurred previous to the referendum vote thereon. 

11-3243 (5442). Ordinances Providing for Expenditures, Bond 
Issues, Public Improvements Submitted to Electors — Preliminary 
Steps Prior to Election — Qualifications of Electors. In case a petition 
be filed requiring that a measure passed by the Commission provid- 
ing for an expenditure of money, a bond issue, or a public improve- 
ment be submitted to a vote of the electors, all steps preliminary to 



ELECTION LAWS OF MONTANA 79 

such expenditure, actual issuance of the bonds, or actual execution 
of the contract for such improvement, may be taken prior to the elec- 
tion; and at such election only resident taxpayers of such city or town 
whose names as such appear upon the assessment roll and who are 
also qualified electors of said city or town, shall be entitled to vote 
at such election. And at any and all elections in such city or town 
at which questions relating to bond issues, tax levies, or the expendi- 
ture of money shall be submitted, no person shall be entitled to vote 
unless qualified as in this section provided. 

11-3244 (5443). Oath and Bond of Commissioners. Every per- 
son who has been declared elected Commissioner, shall within ten 
(10) days thereafter take and file with the Clerk of the Commission 
his oath of office in the form and manner provided by law, and shall 
execute and give sufficient bond to the municipal corporation in such 
sum as the Judge of the District Court of the county in which such 
municipality is situated, not, however, exceeding $5,000.00 for Com- 
missioners in cities of the first class and $3,000.00 for Commissioners 
in all other cties and towns, conditioned for the faithful performance 
of the duties of his office, which bond shall be filed with the Clerk 
and Recorder of the county in which such municipality is situated. 
The premium on such bond as may be required, shall be paid by the 
municipality. 

11-3245 (5444). Designation of Mayor — Procedure in Case of 
Tie Vote — Vacancy in Office of Mayor — Powers and Duties of 
Mayor. The Mayor shall be that member of the Commission, who, 
at the regular municipal election at which the Commisisoners were 
elected, received the highest number of votes. In case two candi- 
dates receive the same number of votes, one of them shall be chosen 
Mayor by the remaining members of the Commission. In event of a 
vacancy in the office of the Mayor, by the expiration of his term of 
office, the holdover Commissioner having received the highest num- 
ber of votes shall be the Mayor. In the event there is a vacancy in 
the office of the Mayor for any other cause, the remaining members 
of the Commission shall choose his successor for the unexpired 
term from their own number by lot. The Mayor shall be the presid- 
ing officer, except that in his absence, a president pro tempore may 
be chosen. The Mayor shall exercise such powers conferred, and 
perform all duties imposed upon him by this Act, the ordinances of 
the municipality and the laws of the State, except that he shall have 
no power to veto any measure. He shall be recognized as the of- 
ficial head of the municipality by the courts for the purpose of serv- 
ing civil processes, by the Governor for the purposes of the military 
law, and for all ceremonial purposes. 

11-3246 (5445). Selection of Successor to Mayor in Event of His 
Recall — Mayor When All Commissioners Are Recalled. In the event 
that the Commissioner who is acting as Mayor shall be recalled, the 
remaining members of the Commission shall select one of their num- 
ber to serve as Mayor for the unexpired term. In the event of the re- 
call of all the Commissioners, the person receiving the highest num- 



80 ELECTION LAWS OF MONTANA 

ber of votes at the election held to determine their successor shall 
serve as the Mayor. 

11-3247 (5446). Quorum of Commissioners — Recording Votes 
and Proceedings. In municipalities having three Commissioners, 
two commissioners shall constitute a quorum; and the affirmative 
vote of two Commissioners shall be necessary to adopt or reject any 
motion, resolution, or ordinance, or pass any measure unless a 
greater number is provided for in this Act. In municipalities having 
five Commissioners, three Commissioners shall constitute a quorum, 
and the affirmative vote of three Commissioners shall be necessary 
to adopt or reject any motion, resolution, or ordinance, or pass any 
measure unless a greater number is provided for in this Act. Upon 
every vote, the ayes and the nays shall be called and recorded, and 
every motion, resolution, or ordinance shall be reduced to writing 
and read before the vote is taken thereon. 

11-3248 (5447). Compensation of Commissioners and Mayor. 

The salary of each Commissioner shall be as follows: for each meet- 
ing attended, cities or towns with less than twenty-five thousand in- 
habitants, Ten Dollars ($10.00); cities with more than twenty-five thou- 
sand inhabitants, not to exceed Twenty Dollars ($20.00); provided, 
that not more than one fee shall be paid for any one day. The sal- 
ary of the Commissioner acting as Mayor shall be one and one-half 
times that of the other Commissioners. 

(As amended by Chapter 10, Laws of 1949.) 

11-3249 (5448). Meetings of Commission — Unauthorized Ab- 
sence Creates Vacancy — Meetings and Minutes to Be Public — Rules 
and Order of Business. At ten o'clock A. M. on the first Monday 
after the first day of January, following a regular muncipal election, 
the Commission shall meet at the usual place for holding the meet- 
ings of the legislative body of the municipality, at which time the 
newly elected commissioners shall assume the duties of their 
office. Thereafter, the Commissioners shall meet at such times as 
may be prescribed by ordinance or resolution, except that in muni- 
cipalities having less than five thousand inhabitants, they shall meet 
regularly at least once and not more than four times per month, 
and in municipalities having more than five thousand inhabitants, 
they shall meet not less than once every two weeks. Absence from 
five (5) consecutive regular meetings shall operate to vacate the seat 
of a member, unless such absence be authorized by the Commission. 

The Commissioner acting as Mayor, any two members of the 
Commission or the City Manager, may call special meetings of the 
Commission upon at least twelve (12) hours written notice to each 
member of the Commission, served personally on each member or 
left at his usual place of residence. All meetings of the Commission 
shall be public and any citizen shall have access to the minutes and 
records thereof at all reasonable times. The Commission shall de- 



ELECTION LAWS OF MONTANA 81 

termine its own rules and order of business and shall keep a journal 
of its proceedings. 

(Sections 11-3250 (5449) to 11-3329 (5513), inclusive, do not bear 
on elections and are omitted). 

11-3330 (5514). Abandonment of Commission-Manager Plan — 
Proceedings. Any municipality which shall have operated for more 
than two years under the provisions of this Act, may abandon such 
organization hereunder, and accept the provisions of the general law 
of the State applicable to municipalities of its population. 

i: MM Mill ,, .. I I 

Upon the petition of not less than twenty-five per cent of the 

electors of such municipality registered for the last preceding general 
election, a special election shall be called, at which the following 
proposition only shall be submitted: 

"Shall the (city or town) of (name of city or town) abandon its 
organization under (name of this Act) and become a (city or town) 
under the general law governing (cities or towns) of like population; 
or if formerly organized under special charter, shall resume said 
special charter?" 

If the majority of the votes cast at such special election be in 
favor of such proposition, the officers elected at the next succeeding 
biennial election shall be those then prescribed by the general laws 
of the State for municipalities of like population, and upon the 
qualification of such officers, such municipality shall become a 
municipality under such general law of the State, but such change 
shall not in any manner or degree affect the property, rights, or 
liabilities of any nature of such municipality, but shall merely ex- 
tend to each change in its form of government. 

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, as provided for by 
the provisions of this Act, insofar as the provisions thereof are ap- 
plicable. Whenever the form of government of a municipality is de- 
termined by a vote of the people under the provisions of this section, 
the same question shall not be submitted again for a period of two 
years, and any ordinance adopted by the vote of the people shall not 
be repealed or the same question submitted for a period of two 
years. 

(Sections 11-3331 (5515) to 11-3336 (5520), do not bear on elections 
and are omitted.) 

CHAPTER 34 

CITY AND COUNTY CONSOLIDATED GOVERNMENT 

11-3401 (5520.1). Consolidated County and City Government 
Authorized. The separate corporate existence and government of 
any county and of each and every city and town therein may be 
abandoned and terminated and such county and each and all of the 
cities and towns therein may be consolidated and merged into one 



82 ELECTION LAWS OF MONTANA 

municipal corporation and government under this Act by proceeding 
as hereinafter provided. 

11-3402 (5520.2). Petition— Signatures Required. The question 
of the abandonment and termination of the separate corporate ex- 
istence and government of a county and of each and every city and 
town therein and the consolidation and merging of the existence and 
government of such county and each and all of the cities and towns 
therein into one municipal corporation and government, under the 
provisions of this Act, shall be submitted to the qualified electors of 
such county if a petition be filed in the office of the County Clerk of 
such county, signed by at least twenty per centum (20%) of the elec- 
tors of said county whose names appear on the official register of 
voters of the county on the date of the filing of such petition, request- 
ing that such question be submitted to the qualified electors of the 
couny. 

1 1-3403 (5520.3). Form of Petition— Certificate of County Clerk- 
Special Election — Notice. Such petition shall be substantially in the 
form and shall be signed, verified and filed in the manner prescribed 
in this Act for initiative, referendum and recall petitions, and shall 
designate therein the name by, which such consolidated government 
is to be known, which must be either that of the county or of some 
one of the cities or towns therein. If the County Clerk shall find that 
such petition, or amended petition, so filed, is signed by the required 
number of qualified electors he shall so certify to the Board of County 
Commissioners of such county at their next regular meeting, and 
such Board shall thereupon, and within ten days after receiving the 
Clerk's certificate, order a special election to be held at which elec- 
tion such question shall be submitted to the qualified electors of 
the county. Such order shall specify the time when such election 
shall be held, which shall be not less than ninety nor more than one 
hundred and twenty days from and after the day when such order 
is made, and the Board of County Commissioners shall immediately 
upon making such order issue a proclamation setting forth the pur- 
pose for which such special election is held and the date of holding 
the same, which proclamation must be published and posted in the 
manner prescribed by Section 23-105. 

11-3404 (5520.4). Form of Ballot. At such election the ballots to 
be used shall be printed on plain white paper, shall conform as 
nearly as possible to the ballots used on general elections, and shall 
have printed thereon the following: 

"Shall the corporate existence and government of the County of 

and of each and every city and town therein 

be consolidated and merged into one municipal corporation and gov- 
ernment under the provisions of Chapter (giving the number of this 
Act), Acts of the Eighteenth Legislative Assembly of the State of 
Montana, to be known and designated as 'City and County of 



ELECTION LAWS OF MONTANA 83 

□ YES. 

□ NO. 

Such election shall be conducted, vote returned and canvassed 
and result declared in the same manner as provided by law in re- 
spect to general elections. 

11-3405 (5520.5). Special Election of Commission— Proclamation 
— Nominations — Conduct of Election. If the majority of the votes cast 
at such election shall be in favor of such consolidation and merging, 
the Board of County Commissioners of such county must, within two 
weeks after such election returns have been canvassed, order a spe- 
cial election to be held for the purpose of electing the number of mem- 
bers of the Commission to which such consolidated municipality 
shall be entitled, which order shall specify the time when such elec- 
tion shall be held, which shall be not less than ninety nor more than 
one hundred and twenty days from and after the day when such 
order is made, and the Board of County Commissioners, immediately 
upon making such order, shall issue a proclamation setting forth the 
purpose for which such special election is held and the date of hold- 
ing the same, which proclamation must be published and posted in 
the manner prescribed by Section 23-105; provided, however, that if 
any general election is to be held in such county after three months 
but within six months from the date of the making of such order then 
such order shall require such special election to be held at the same 
time as such general election. No primary election shall be held 
for the purpose of nominating candidates for members of the Com- 
mission hereinafter provided for, to be voted for at such special elec- 
tion, but such candidates shall be nominated directly by petition 
which shall be in substantially the same form and be signed by the 
same number of signers as hereinafter required for primary nomi- 
nating petitions. Such election shall be conducted, vote returned 
and canvassed and result declared in the same manner as pro- 
vided by law in respect to general elections. (11-3406 to 11-3416, re- 
lating to Powers of Consolidated Municipalities, etc., omitted). 

11-3417 (5520.17). Effective Date of Ordinances — Emergencies — 
Submission to Electors of Measures Concerning Franchises or Special 
Privileges. Ordinances making the annual tax levy, ordinances and 
resolutions providing for local improvements and assessments, and 
emergency measures shall take effect at the time indicated therein. 
All other ordinances and resolutions enacted by the commission shall 
be in effect from and after thirty days from the date of their passage. 
Ordinances adopted by the electors shall take effect at the time fixed 
therein, or, if no time is specified, thirty days after the adoption there- 
off. An emergency measure is an ordinance or resolution to provide 
for the immediate preservation of the public peace, health or safety, 
in which the emergency claimed is set forth and defined in a pre- 
amble thereto. The affirmative vote of at least two-thirds of he 
members of the Commission shall be required to pass an emergency 
ordinance or resolution. No measure making or amending a grant, 



84 ELECTION LAWS OF MONTANA 

renewal or extension of a franchise or other special privilege shall 
ever be passed without first submitting the application therefor to the 
resident freeholders in the manner provided by section 11-1207 and 
11-1208. 

11-3418 (5520.18). Recording and Publishing of Resolutions and 
Ordinances. Every ordinance or resolution upon its final passage 
shall be recorded in a book kept for that purpose and shall be au- 
thenticated by the signatures of the president and clerk. Within ten 
days after its final passage each ordinance or resolution shall be 
published at least once in such manner as the commission may by 
ordinance provide. 

11-3419 (5520.19). Initiative Measures — Petition. Any proposed 
ordinance, except an ordinance making a tax levy or appropriation, 
may be submitted to the Commission by petition signed by ten per 
centum (10%) of the qualified electors of the municipality whose 
names appear on the register of voters on the date when the pro- 
posed ordinance is submitted to the Commission. All petition papers 
circulated with respect to any proposed ordinance shall be uniform 
in character and shall contain the proposed ordinance in full. 

11-3420 (5520.20). Action of Commission on Initiative Petitions. 

If an initiative petition, or amended petition be found sufficient by the 
clerk he shall so certify and shall submit the ordinance therein set 
forth to the Commission at its next meeting, and the Commission 
shall at once read and refer it to an appropriate committee, which 
may be a committee of the whole. Provision shall be made for pub- 
lic hearings upon the proposed ordinance before the committee to 
which it is referred. Thereafter the committee shall report the or- 
dinance to the Commission, with its recommendations thereon, not 
later than sixty days after the date on which such ordinance was 
submitted to the Commission by the clerk. Upon receiving the ordi- 
nance from the committee the Commission shall proceed at once to 
consider it and shall take final action thereon within thirty days from 
the date of such committee report. 

11-3421 (5520.21). Submission of Initiative Measure to Electors. 

If the Commission fail to pass an ordinance proposed by initiative 
petition, or pass it in a form different from that set forth in the petition 
therefor, the committee of the petitioners hereinafter provided for may 
require that it be submitted to a vote of the electors either in its orig- 
inal form or with any change or amendment presented in writing 
either at a public hearing before the committee to which the pro- 
posed ordinance was referred or during the consideration thereof by 
the Commission. If the committee of petitioners require the submis- 
sion of a proposed ordinance to a vote of the electors they shall 
certify that fact to the Clerk and file in his office a certified copy of 
the ordinance, in the form in which it is to be submitted, within ten 
days after final action on such ordinance by the Commission. 

11-3422 (5520.22). Time for Submitting to Electors — Adoption on 
Favorable Vote. Upon receipt of the certified copy of a proposed 



ELECTION LAWS OF MONTANA 85 

ordinance from the committee of the petitioners the Clerk shall certify 
the fact to the Commission at its next regular meeting. If a municipal 
election is to be held within six months but more than ninety days 
after the receipt of the Clerk's certificate by the Commission, such 
proposed ordinance shall be submitted to a vote of the electors at 
such election. If no such election is to be held within the time afore- 
said the Commission may provide for submitting the proposed ordi- 
nance to the electors at a special election to be held not sooner than 
ninety days after receipt of the Clerk's certificate. If no municipal 
election be held within six months as aforesaid, and the Commission 
does not provide for a special election, the proposed ordinance shall 
be submitted to the electors at the frist election held after the expira- 
tion of such six months. If, when submitted to the electors, a ma- 
jority of those voting on a proposed ordinance shall vote in favor 
thereof, it shall thereupon be an ordinance of the municipality. 

11-3423 (5520.23). Effective Date of Initiative Measure. When 
an ordinance proposed by initiative petition is passed by the Com- 
mission in a changed or amended form, and the committee of the 
petitioners require that such proposed ordinance be submitted to a 
vote of the electors as hereinbefore provided, the ordinance as 
passed by the Commission shall not take effect until after such vote, 
and, if the proposed ordinance so submitted, be approved by a ma- 
jority of the electors voting thereon, the ordinance as passed by the 
Commission shall be deemed repealed. 

11-3424 (5520.24). Repealing Ordinances May Be Initiated— 
Publication, Amending and Repealing of Initiative Measures by Com- 
mission. Proposed ordinances for repealing any existing ordinance 
or ordinances, in whole or in part, may be submitted to the Commis- 
sion as provided in the preceding sections for initiating ordinances. 
Initiated ordinances adopted by the electors shall be published, and 
may be amended or repealed by the Commission, as in the case of 
other ordinances. 

11-3425 (5520.25). Referendum— Petition. The electors shall 
have power to approve or reject at the polls any ordinance passed 
by the Commsision, except an ordinance making a tax levy or an 
emergency measure, such power being known as the Referendum. 
Ordinances submitted to the Commission and passed by the Com- 
mission without change, or passed in an amended form and not re- 
quired by the committee of the petitioners to be submitted to a vote 
of the electors, shall be subject to the referendum in the same man- 
ner as other ordinances. If, within thirty days after the final passage 
of an ordinance, a petition signed by ten per centum (10%) of the 
qualified electors whose names appear on the register of voters on 
the date when such petition is filed, shall be filed with the Clerk re- 
questing that the ordinance, or any specified part thereof, be either 
repealed or submitted to a vote of the electors, it shall not become 
operative until the steps indicated herein have been taken. Refer- 
endum petitions shall contain the text of the ordinance, or part there- 
of, the repeal of which is sought. 



86 ELECTION LAWS OF MONTANA 

1 1-3426 (5520.26). Reconsideration of Measure by Commission- 
Reference to Electors. If a referendum petition, or amended petition, 
be found sufficient by the Clerk he shall certify that fact to the Com- 
mission at its next regular meeting and the ordinance or part thereof 
set forth in the petition shall not go into effect, or further action there- 
under shall be suspended if it shall have gone into effect, until ap- 
proved by the electors as hereinafter provided. Upon receipt of the 
Clerk's certificate the Commission shall proceed to reconsider the 
ordinance or part thereof and its final vote upon such reconsideration 
shall be upon the question "Shall the ordinance (or part of the or- 
dinance) set forth in the referendum petition be repealed?" If upon 
such reconsideration the ordinance, or part thereof, be not repealed 
it shall be submitted to the electors at the next municipal election 
held not less than ninety days after such final vote by the Commis- 
sion. The Commission by vote of not less than two- thirds of its mem- 
bers may submit the ordinance, or part thereof, to the electors at a 
special election to be held not sooner than the time aforesaid. If 
when submitted to the electors any ordinance, or part thereof, be not 
approved by a majority of those voting thereon it shall be. deemed 
repealed. 

11-3427 (5520.27). Voting on Initiative or Referendum Measures 
— Ballots. Ordinances, or parts thereof, submitted to vote of the 
electors in accordance with the initiative and referendum provisions 
of this Act shall be submitted by ballot title which shall be prepared 
in all cases by the director of law. The ballot title may be distinct 
from the legal title of any such proposed or referred ordinance and 
shall be a clear, concise statement, without argument or prejudice, 
descriptive of the substance of such ordinance or part thereof. The 
ballot used in voting upon any ordinance, or part thereof, shall have 
below the ballot title the two following propositions, one above the 
other, in the order indicated: "For the ordinance" and "Against the 
ordinance." Immediately at the left of each proposition there shall 
be a square in which by making a cross mark (X) the elector may 
vote for or against the ordinance or part thereof. Any number of or- 
dinances, or parts thereof, may be voted upon at the same election 
and may be submitted on the same ballot, but the ballot used for 
voting thereon shall be for that purpose only. 

11-3428 (5520.28). Preliminary Acts Authorized Prior to Submis- 
sion of Ordinance to Electors. In case a petition be filed requiring that 
an ordinance passed by the Commission providing for the expendi- 
ture of money, a bond issue, or a public improvement be submitted to 
a vote of the electors, all steps preliminary to such actual expendi- 
ture, actual issuance of bonds, or actual execution of the contract for 
such improvement, may be taken prior to the election. 

11-3429 (5520.29). Petitions for Initiative, Referendum or Recall 
— Signatures — Affidavit. The signatures to initiative, referendum or 
recall petitions need not all be appended to one paper, but to each 
separate petition paper there shall be attached an affidavit of the cir- 
culator thereof as provided by this section. Each signer of any such 



ELECTION LAWS OF MONTANA 67 

petition paper shall sign his name in ink or indelible pencil and shall 
indicate after his name his place of residence by street and number, 
or other description sufficient to identify the place. There shall ap- 
pear on each petition paper the names and addresses of five electors 
of the municipality, who, as a committee of the petitioners, shall be 
regarded as responsible for the circulation and filing of the petition. 
The affidavit attached to the petition paper shall be as follows: 

State of Montana, city and county of , 

, being duly sworn, deposes and says 

that he is the circulator of the foregoing paper and that the signatures 
appended thereto were made in his presence and are the genuine 
signaturs of the persons whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

, 19 



Notary public for the State of Montana. 

Residing at , Montana. 

My Commission expires 



1 1-3430 (5520.30). Petitions, Assembling of Papers Comprising— 
Clerk's Certificate. All petition papers comprising an initiative, ref- 
erendum, or recall petition shall be assembled and filed with the 
Clerk as one instrument. Within ten days after a petition is filed the 
Clerk shall determine whether it is signed by a sufficient number 
of electors and shall attach thereto a certificate showing the result of 
his examination. If he shall certify that the petition is insufficient he 
shall set forth in his certificate the particulars in which it is defective 
and shall at once notify the committee of the petitioners of his 
findings. 

11-3431 (5520.31). Petitions— Amendments— Filing New Petition 
Not Precluded by Finding of Insufficiency. An initiative, referendum 
or recall petition may be amended at any time within ten days after 
the making of a certificate of insufficiency by the Clerk, by filing a 
supplementary petition upon additional papers signed and filed as 
provided in case of an original petition. The Clerk shall, within five 
days after such amendment is filed, make examination of the amend- 
ed petition and, if his certificate shall show the petition still to be in- 
sufficient, he shall file it in his office and notify the committee of the 
petitioners of his findings and no further action shall be had on such 
insufficient petition. The finding of the insufficiency of a petition 
shall not prejudice the filing of a new petition for the same purpose. 
(Note: 11-3432 to 11-3457, inclusive, omitted as not bearing upon the 
question of elections). 

11-3458 (5520.58). Tax Levy for Special Services— Limitation on. 

The Commission may by ordinance designate clearly specified dis- 
tricts in or for which special services are to be performed and may 
levy upon the property in any such district such tax, in addition to 
any taxes authorized by Section 1 1-3455 as may be necessary to pay 



88 ELECTION LAWS OF MONTANA 

the cost of such special service or services. Any such additional tax 
levied under the authority of this section upon the property within 
any district shall not exceed fifteen mills unless the question of levy- 
ing a higher rate for a specified year or years shall have been sub- 
mitted to the electors of the district and approved by a majority of 
those voting therein; but in no case shall such additional levy be 
more than twenty mills. Note: 11-3459 to 11-3529, inclusive, omitted 
as not bearing upon the question of elections). 

11-3530 (5520.90). Elections — Officers to Act. For any election 
held on the question of the adoption of this Act, and for the first elec- 
tion of members of the Commission thereunder, if adopted the Coun- 
ty Clerk and Board of County Commissioners shall exercise the 
powers and perform the duties respecting elections prescribed for 
County Clerks and Boards of County Commissioners by the general 
laws of the State. After the adoption of this Act by the electors of 
the county, and the election and qualification of a Commission there- 
under, the powers and duties of County Clerks and Boards of County 
Commissioners under the general election laws of the State shall 
devolve upon the Clerk and Commission of the municipality and, ex- 
cept as otherwise provided in this Act, the provisions of such laws 
shall continue to apply to all elections held within the municipality. 

11-3531 (5520.91). Municipal Primary Election — When Held — 
Nominees, Majority Vote Elects — Time for Polls to Be Open — Conduct 
of Election. A municipal primary election for the choice of members 
of the Commission shall be held on the last Tuesday in April in each 
year in which members of the Commission are to be elected. All 
candidates for the Commission receiving a majority of the votes cast 
at the municipal primary election shall be deemed and declared 
elected to the Commission. If candidates equal to the number of 
members of the Commission to be elected do not receive a majority 
of the votes cast at such primary election, a municipal primary elec- 
tion shall be held on the first Tuesday in June next following the 
election. At all municipal elections the polls shall be open from 8 
a. m. to 6 p. m. The time, manner and method of establishing election 
precincts and polling places and appoinmtent of judges of election 
and the method of conducting election, registering votes therefor, 
counting the votes cast thereat, and canvassing the returns thereof, 
shall be as prescribed by the general election laws of the State. 

11-3532 (5520.92). Nominating Petitions. Any elector of the 
municipality eligible to membership in the Commission may be 
placed in nomination therefor by petition filed with the Clerk and 
signed by at least two per centum (2%) of the qualified electors 
whose names appear upon the official register of voters of the 
municipality. The signatures to a nominating petition need not all be 
appended to one paper, but to each separate leaf of the petition 
there shall be attached an affidavit of the circulator thereof stating 
that each signature appended thereto was made in his presence and 
is the genuine signature of the person whose name it purports to be. 
Each signer of a petition shall sign his name in ink or indelible 



ELECTION LAWS OF MONTANA 89 

pencil and, after his name, shall designate his residence by street 
and number or other description sufficient to identify the place, and 
give the date when his signature was made. No elector shall sign 
petitions for more candidates for the Commission than the number of 
places to be filled therein at the forthcoming primary election. 

11-3533 (5520.93). Form of Nominating Petition. The form of 
nominating petition papers shall be substantially as follows: 

We, the undersigned electors of the city and county of 

, hereby nominate whose 

residence is for the office of Commissioner, to 

be voted for at the primary election to be held on the last Tuesday of 

April, 19 , and we individually certify that we are qualified to 

vote for candidates for the above office and that we have not signed 
nominating petition for more than candidates for the Commis- 
sion. 

Residence (street and number) or description to identify place. 
Name. Date. 



State of Montana, City and County of ss. 

- -- , being duly sworn, deposes and says 

that he is the circulator of this petition paper; that the signatures 
appended thereto were made in his presence and are the genuine 
signatures of the persons whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

,19 



Notary public for the State of Montana, residing at , 

Montana. My commission expires , 19.. 

11-3534 (5520.94). Filing of Petitions— Notification of Nominees 
— Entry of Names on Ballot. All separate leaves comprising a nom- 
inating petition shall be assembled and filed with the Clerk as one 
instrument at least thirty days prior to the next succeeding last Tues- 
day in April. Within five days after the filing of the nomination 
petition the Clerk shall notify the person named therein as a candi- 
date whether such petition is signed by the required number of 
qualified electors. Any eligible person placed in nomination as 
hereinbefore provided shall have his name printed on the ballots and 
placed upon any voting machine used at the primary election, if 
within five days after such nomination, he shall have filed with the 
Clerk a written acceptance of the nomination. 

11-3535 (5520.95). Ballots— Party Designation Forbidden— Form. 

No party mark or designation shall appear on the ballots, or in con- 
nection with the names of candidates on any voting machine, used 
in the election of members of the Commission. Each elector may 



90 ELECTION LAWS OF MONTANA 

vote for as many candidates for the Commission as there are places 
to be filled therein; but any ballot marked for more candidates than 
the number of places to be filled shall not be counted for any of the 
candidates for which marked. The ballots shall be in form sub- 
stantially as follows: 

MUNICIPAL ELECTION 

City and county of 

(Month and day of month), 19 



FOR COMMISSIONERS 
Do not vote for more than 



11-3536 (5520.96). Ballot— Order of Names. At 2 o'clock p. m. 
on the tenth day before any election at which members of the Com- 
mission are to be nominated and elected, the Clerk shall publicly 
determine by lot the order in which the names of candidates for 
election to the Commission shall be printed on the ballots, or appear 
on any voting machine, to be used at such election. 

11-3537 (5520.97). Ballots — Blank Spaces. As many blank 
spaces shall be left on the ballots below the printed names of can- 
didates for the Commission as there are places to be filled therein. 
In any such space an elector may write the name of any eligible 
person, and a vote cast for such person shall be counted as though 
for a candidate whose name is printed on the ballots. 

11-3538 (5520.98). Nonces— Primary Election— Municipal Elec- 
tion — Publication. On the tenth day prior to the municipal primary 
election the Clerk shall cause notice thereof to be published in such 
daily newspaper or newspapers, printed and published within and of 
general circulation in the municipality as the Commission may have 
designated, and if there be no daily newspaper then in such weekly 
newspaper or newspapers as may be so designated. In case the 
Commisison fail to designate such newspaper or newspapers, the 
Clerk shall cause the notice to be published in such newspaper or 
newspapers printed and published within and of general circulation 
in the municipality as he may select. Such published notice shall 
contain a list of the candidates for the Commission nominated as 
hereinbefore provided, and state the time of holding the election. 
On the tenth day prior to a municipal election held on the first Tues- 
day in June the Clerk, under like conditions, shall cause a similar 
notice to be published concerning that election. The Commission 
may also provide for giving notice of such elections by other means. 

11-3539 (5520.99). Ballots at Municipal Election— What Names 
to Appear. At any municipal election held for the choice of mem- 
bers of the Commisison of the first Tuesday in June following a 
municipal primary election there shall be printed on the ballots 
and placed on the voting machines the names of the candidates re- 



ELECTION LAWS OF MONTANA 91 

ceiving the highest number of votes at the municipal primary elec- 
tion, except the names of those elected to the Commission thereat, 
and the number of names so printed on the ballots and placed on 
the voting machines shall be equal to double the number of places 
remaining to be filled in the Commission. If, by reason of their hav- 
ing received the same number of votes, it cannot be determined 
which of two or more candidates shall have his name, or their names, 
printed on the ballots and placed on the voting machines, then, 
notwithstanding the foregoing provisions of this section the names 
of all such candidates receiving the same number of votes shall be 
printed on the ballots and placed on the voting machines. The can- 
didates for the Commission at an election held on the first Tuesday 
in June, equal in number to the places remaining to be filled in the 
Commission, who receive the highest number of votes shall be de- 
clared elected. A tie between two or more candidates shall be de- 
cided by lot in the presence of such candidates and under the direc- 
tion of the Clerk. 

11-3540 (5520U00). Removal of Commissioners — Recall Peti- 
tions. Any member of the Commission may be removed from office 
by the electors of the municipality. The procedure for effecting such 
a removal shall be as follows: 

Any elector of the municipality may make and file an affidavit 
with the Clerk requesting that petition be issued demanding an elec- 
tion for the recall of any member of the Commission. Any such af- 
fidavit shall state the name of the person whose removal from the 
Commission is sought and the grounds alleged for such removal. 
Upon the filing of such an affidavit the Clerk shall deliver to the 
elector making the affidavit copies of petition papers for demanding 
such an election, printed copies of which the Clerk shall keep on file 
for distribution as herein provided. In issuing any such petition 
paper the Clerk shall enter in a record to be kept in his office the 
name of the elector to whom issued, the date of issuance, the number 
of papers issued, and shall certify on each paper the name of the 
elector and the date of issuance. No petition paper shall be ac- 
cepted as part of a petition unless it bear such certification of the 
Clerk and unless filed as hereinafter provided. 

11-3541 (5520.101). Recall Petitions — Signatures — Filing — 
Amendment. A petition for a recall election to be effective must be 
returned and filed with the Clerk within thirty days after the filing 
of the affidavit as provided in last preceding section, and to be suf- 
ficient must be signed by at least twenty per centum (20%) of the 
qualified electors of the municipality whose names appear on the 
official register of voters of the municipality on the date when such 
petition is returned and filed with the Clerk. If any such petition is 
insufficient as originally filed it may be amended as provided in 
this Act. 

11-3542 (5520.102). Recall Election— Notice to Officer Whose 
Removal Sought — Time for Holding. If a petition for a recall election, 



92 ELECTION LAWS OF MONTANA 

or an amended petition, shall be certified by the Clerk to be sufficient, 
he shall at once submit it to the Commission with his certificate to 
that effect and shall notify the member of the Commission whose re- 
moval is sought of such action. Unless the member whose removal 
is sought resign within five days after such notice, the Commission 
shall thereupon order and fix a day for holding a recall election. 
Any such election shall be held not less than ninety nor more than 
one hundred and twenty days after the petition has been presented 
to the Commission and may be held at the same time as any other 
election held within such period; but, if no other election be held 
within such period, the Commission shall call a special recall elec- 
tion to be held within the time aforesaid. 

11-3543 (5520.103). Separate Removals Require Separate Peti- 
tions — Nomination of Successors. The question of recalling any 
number of members of the Commission may be submitted at the 
same election, but as to each member whose removal is sought a 
separate petition shall be filed and provision shall be made for an 
entirely separate printed ballot. Candidates to succeed any person 
whose removal is sought shall be placed in nomination by petition 
signed, filed and verified as provided for nominating petitions for a 
municipal primary election: except that each petition paper shall 
specify that the candidate named therein is a candidate to succeed 
a particular person whose removal is sought. 

11-3544 (5520.104). Recall Elections — Voting Machines Not 
Used — Form of Ballots. Voting machines shall not be used in recall 
elections, and the printed ballots shall be in form substantially as 
follows: 

RECALL ELECTION 

City and County of 

(Month and day of month) 19 ... 

SHALL (name of person) BE REMOVED FROM THE COMMIS- 
SION BY RECALL? 

FOR THE RECALL OF 
(Name of Person) 

AGAINST THE RECALL OF 
(Name of Person) 



CANDIDATE 
To succeed (name of person) if recalled. Vote for but one. 



11-3545 (5520.105). Result of Votes — Removal — Designation of 
Successor. If a majority of the votes cast on the question of recall- 
ing a member of the Commission as hereinbefore provided be 
against his recall he shall continue in office for the remainder of his 



ELECTION LAWS OF MONTANA 93 

unexpired term, but subject to recall as before. If a majority of 
such votes be for the recall of such member he shall, regardless of 
any defect in the recall petition, be deemed removed from office. 
When a member is removed from the Commission by recall the can- 
didate to succeed such member who receives the highest number of 
votes shall succeed the member so removed for the unexpired term. 

11-3546 (5520.106). Resignation Pending Recall Election, Result 

of. If a person in regard to whom a recall petition is submitted to 
the Commission shall resign from office after notice thereof no elec- 
tion shall be held and some eligible person shall be chosen by a 
majority vote of the remaining members to fill the place for the un- 
expired term; but the member so resigning shall not be chosen by 
the Commission to succeed himself. 

11-3547(5520.107). Limitation on Filing Recall Petitions. No re- 
call petition shall be filed in respect to any member of the Com- 
mission within three months after he takes office nor in case of a 
member subjected to a recall election and not removed thereby, un- 
til at least six months after that election. 

(Note: 11-3548 (5520.108) omitted). 

11-3549 (5520.109). Political Participation by Appointees For- 
bidden. No person holding an appointive office or position in the 
municipal government shall directly or indirectly solicit or receive, 
or be in any manner concerned in soliciting or receiving, any assess- 
ment, subscription or contribution for any political party or purpose 
whatever. No person shall orally or by letter solicit, or be in any 
manner concerned in soliciting, any assessment, subscription or con- 
tribution for any political party or purpose from any person holding 
an appointive office or position in the municipal government. No 
person shall use or promise to use his influence or official authority 
to secure any appointment, or prospective appointment to any posi- 
tion in the service of the municipality as a reward or return for per- 
sonal or partisan political service. No person shall take part in pre- 
paring any political assessment, subscription or contribution with the 
intent that it should be sent or presented to or collected from any 
person in the service of the municipality, nor shall be knowingly 
send or present directly or indirectly, in person or otherwise, any 
political assessment, subscription or contribution to, or request its 
payment by any person in such service. 

11-3550 (5520.110). Penalizing Appointees for not Partcipiating 
in Politics Forbidden — Appointees Not to Act as Officers of Political 
Organization or Circulate Petitions. No person in the service of the 
municipality shall discharge, suspend, lay off, reduce in grade, or in 
any manner change the official rank or compensation of any person 
in such service or threaten to do so, for withholding or neglecting 
to make any contribution of money or service or any valuable thing 
for any political service. No person holding cm appointive office or 
place in the municipal government shall act as an officer in a po- 
litical organization, or serve as a member of a committee of any 



94 ELECTION LAWS OF MONTANA 

such organization, or circulate or seek signatures for any petition pro- 
vided for by primary or election laws. 

11-3551 (5520.111). Penalty for violations. Any person who, by 
himself or in cooperation with one or more persons, wilfully or cor- 
ruptly violates any of the provisions of section 11-3549 and 11-3550 
of this act shall be guilty of misdemeanor and shall, upon conviction 
thereof, be punished by a fine of not less than fifty dollars nor 
more than five hundred dollars or by imprisonment for a term not ex- 
ceeding three months, or by both such fine and imprisonment, and 
if he be an officer or employee of the municipality he shall imme- 
diately forfeit his office or employment. 

(Note: 11-3552 to 11-3558 omitted as not being concerned with 
election matters). 

11-3559 (5520.119). Resolution Declaring Creation of Consoli- 
dated Government — Effective Date of Merger — Legal Status. At the 

first meeting of the Commission whose members are first elected un- 
der the provisions of this Act, such Commission shall adopt a reso- 
lution reciting the filing of the petition provided for in Section 1 1-3402, 
the ordering and holding of a special election as requested in such 
petition, the result of such election, and the holding of the special 
election for and the election of the members of the first Commission, 
and the name and designation of the consolidated municipality, 
which resolution must be in duplicate, and signed by all of the mem- 
bers of the Commission and also entered at length on the journal of 
the Commission. One copy of such Commission must be filed in the 
office of the Clerk of the Commission and the other copy thereof must 
be transmitted to and filed in the office of the Secretary of State. Im- 
mediately upon the adoption of such resolution by the Commission 
the separate corporate existence of the county and of each and every 
city and town therein shall be deemed to be consolidated and 
merged into one municipal corporation under the name selected, 
designated and adopted as provided in this Act, and such con- 
solidated municipality shall thereupon be deemed to have suc- 
ceeded to, and to possess and own all of the property and assets of 
every kind and description and shall, save as herein otherwise pro- 
vided, become responsible for all of the obligations and liabilities of 
the county, cities and towns so consolidated and merged. As a po- 
litical subdivision of the State, such consolidated municipality shall 
have the status of a county, and for the purpose of representation 
in the Legislative Assembly, as provided by the constitution and laws 
of this State, and for all other purposes, it shall replace and be the 
successor of the county and shall be attached to the same judicial 
district. 

CHAPTER 36 

METROPOLITAN SANITARY DISTRICTS 

11-3601. Petition For Creation Of Sanitary District — Contents 
And Filing. Whenever the inhabitants of any county, city or town, 
or a combination of county and one or more cities or towns within 



ELECTION LAWS OF MONTANA 95 

such county desire to combine for the purpose of organizing a 
metropolitan sanitary district to serve such county, city or town, 
or both, such inhabitants may file a petition in the district court of 
the county wherein such district is to be organized, signed by five 
(5%) per cent of the registered electors of each such county, city, 
or town, whose names appear upon the last preceding assessment 
roll of such county for state and county purposes and upon the 
last preceding assessment roll of such city or town, upon real 
property lying or being within the boundaries of such county, city 
or town. Said petition shall be addressed to the said district court 
and shall set forth: 

1. The Proposed name of said sanitary district. 

2. The necessity for the proposed district. 

3. A general description of the territory or lands to be included 
within said district, giving the boundaries thereof. 

4. A prayer for the organization of the district comprising and 
embracing the lands and territory described, and for a hearing on 
said petition according to the provisions of this Act. 

The petition shall be accompanied by a map or plat of the 
proposed district, but mere error or omission in the description of any 
lands or boundaries, or in the map accompanying the petition shall 
not render invalid any proceedings under this Act, or deprive the 
district court of jurisdiction. The petition shall also be accompanied 
by the certificate of the county clerk, showing that said petition con- 
tains the names of the required number of qualified electors as 
herein provided. 

11-3602. Order Fixing Time of Hearing — Notice of Hearing — 
Contents Thereof. On such petition being filed, the district court or 
judge thereof shall make an order fixing the time and place of 
hearing on petition and directing that notice thereof be given. 
Thereupon the clerk of said court shall cause to be published at least 
once a week for two successive calendar weeks in some newspaper 
published in the county, such notice, which notice shall state the 
time and place, by the said district court fixed, when and where the 
hearing on said petition will be had, together with the description of 
the lands or territory of the proposed district and the purpose as 
stated in the prayer of said petition, and directing all persons in- 
terested to appear and be heard for or against the organization of said 
sanitary district. If there be no newspaper published in such county, 
said notice may be published in an adjoining county. The first 
publication of said notice shall be not less than thirty (30) days prior 
to the time mentioned in said notice for said hearing. 

11-3603. Hearing on Petition — Order of Court. At the time speci- 
fied in the notice mentioned in the preceding section, the district 
court in which the petition is filed, or a judge thereof, shall hear the 
petition, but may adjourn such hearing from time to time, not ex- 
ceeding three (3) weeks in all, and may continue the hearing for 



96 ELECTION LAWS OF MONTANA 

want of sufficient notice or other good cause. The court, upon ap- 
plication of the petitioners, or any person or persons interested, may 
permit the petition to be amended, and may order further or addi- 
tional notice to be given. Upon such hearing all persons interested, 
whose property or rights may be damaged or benefited by the 
organization of the district, or the property, works or improvements 
therein to be acquired or constructed as hereinafter set forth, may 
appear and contest the necessity or utility of the proposed district, 
or any part thereof, and the contestants and petitioners may offer 
any competent evidence in regard thereto. 

It shall be the duty of the court to hear and determine whether 
the requirements of sections 11-3601 and 11-3602 as to sufficiency 
of the petition and notice and requisite number of names on said 
petition have been complied with. The court may make such 
changes in the proposed district as may be deemed advisable, or as 
fact, right and justice may require. 

If on final hearing, it is found by the court that the petition 
does not substantially comply with the aforesaid requirements of 
this act, or that the facts therein are not sustained by the evidence, 
or that said proposed district is not practical or feasible then the 
court shall dismiss the petition, and shall make and enter an order 
to that effect; but if it is found that said petition substantially complies 
with said requirements, and that the facts therein stated are sus- 
tained by the evidence and that there exists a necessity for said 
district, and that the same is feasible and practical and for the 
benefit, health and welfare of the inhabitants residing within the 
proposed district, then the court shall make and enter an order: 

(a) Setting forth said findings and allowing said petition; 

(b) Giving accurate description and boundaries of said pro- 
posed district; 

(c) Directing that the question of establishing said district 
be submitted to the qualified electors of the county, city or town 
as hereinafter provided, at the next general election held in the 
county at which county officers are to be elected, if said proposed 
district embraces only property outside the boundaries of any in- 
corporated city or town, or property within any incorporated city 
or town and said county; and if said proposed district embraces 
only property within an incorporated city or town, then said question 
shall be ordered submitted at the next general election in such city 
or town at which city or town officers are to be elected. 

11-3604. Submission of Question for Election — Duties of Clerk 
of county, city or town. At the next general election immediately 
after the entry of the order mentioned in section 11-3603, the county 
clerk or the city or town clerk as the case may be, in accordance 
with the provisions of section 11-3603, shall submit the question of 
establishing said district in the manner provided by law for the 
submission of questions relating to issuance of bonds of the county 



ELECTION LAWS OF MONTANA 97 

and all of such provisions shall be applicable hereto and shall be 
complied with. 

The question to be submitted at such election shall be placed on 
the ballot in substantially the following form: 

"Shall there be established in 

Name of county, or city or town 
(or in ) 

Name of county and city or town 
the Metropolitan Sanitary District to be known as the 

Name of District as appears in the petition 
in accordance with the law applicable thereto. 

□ For the establishment of the 

Name of District 

□ Against the establishment of the 

Name of District 

All the provisions of law relating to elections and canvassing of 
votes shall apply to the election provided in this act. 

At said election not less than forty (40) per centum of the 
qualified electors entitled to vote on such question at such election 
must vote thereon, otherwise such question shall be deemed to have 
been rejected; provided, however, that if forty (40) per centum or 
more of such qualified electors do vote on such question at such 
election and a majority of such votes shall be cast in favor of such 
proposition, then such proposition shall be deemed to have been 
approved and adopted. 

If the vote as canvassed shall show that such proposition has 
been approved and adopted, the county commissioners shall so 
certify to the district court. 

CHAPTER 91 

CITY PARKING METERS 

AN ACT PROVIDING FOR THE USE OF PARKING METERS BY 
INCORPORATED CITIES AND TOWNS OF TWENTY-FIVE HUN- 
DRED (2500) POPULATION OR LESS, AND PROVIDING FOR 
THE SUBMISSION OF THE QUESTION TO QUALIFIED ELEC- 
TORS. 

Be It Enacted by the Legislative Assembly of the State of Montana: 

Section 1. Any city or town council of any incorporated city 
or town of twenty-five hundred (2500) population or less is hereby 
empowered to enact an ordinance or ordinances: 

(a) To purchase, rent, lease or otherwise acquire coin operating 
parking meters, or other devices, or instruments used for the pur- 
pose of measuring the duration of time an automobile or other 
vehicle is parked. 



98 ELECTION LAWS OF MONTANA 

(b) To install, maintain and operate said meters, devises or 
instruments at or near any public street, highway, avenue or other 
public place within the corporate limits of such city or town. 

(c) To provide for such regulations as necessary to govern the 
use of its public streets, highways, avenues or other public places 
for the purpose of parking automobiles or other vehicles, and the 
use of said meters, devices or instruments in conjuction therewith, 
including the establishment and designation of zones or areas where 
said meters, devices or instruments are to be used. 

Section 2. Provided, however, that no ordinance or ordinances 
providing for the purchasing, renting, leasing or otherwise acquiring 
or installing, maintaining, operating or using such parking meters, 
devices or instruments shall be enacted until and unless the question 
of whether or not such ordinance or ordinances shall be enacted has 
been submitted to the qualified electors of such city or town at a 
general election or special election called for that purpose, and 
unless at such election a majority of the votes cast for and against 
the question shall have been in favor of the enacting of said 
ordinance or ordinances. 

Section 3. Nothing herein contained shall affect the validity 
of any ordinance relating to parking meters or similar devices or 
instruments hereto adopted by any city or town, or any extension 
thereof hereafter made. 

Section 4. All Acts and parts of Acts in conflict herewith are 
hereby repealed. 

Approved February 26, 1949. 

CHAPTER 223 

CITY PARKING COMMISSION 
Laws of 1951 

Section 3. Creation of Parking Commissions. A city may 
create, as provided for in this section, a public body corporate and 
politic to be known as the "parking commission" of the city. The 
commission of any city shall not transact any business or exercise 
any powers under this act unless and until the legislative body 
of the city shall by resolution declare at any time hereafter that 
there is need for a parking commission to function in such city. 
The determination as to whether there is need for a commission to 
function may be made by the legislative body on its own motion or 
upon the filing of a petition signed by one hundred residents of 
the city, asserting that there is need for a commission to function 
in such city and requesting that the legislative body so declare. 

In any suit, action or proceeding by or against or in any manner 
relating to a parking commission, the commission shall be con- 
clusively deemed to have become established and authorized to 
transact business and exercise its powers upon proof of the adoption 



ELECTION LAWS OF MONTANA 99 

of a resolutinon by the legislative body declaring the need for the 
commission to function. A city shall not transact any business or 
exercise any powers of this Act unless and until the legislative body 
of the city shall by resolution declare that there is need for such 
city to exercise the powers of a parking commission as provided in 
this Act. 

Either or both such resolutions may be adopted by the legislative 
body of a city. If both such resolutions are adopted they shall 
clearly specify areas within the city less than the whole thereof, 
within which, or projects over which, the commission and the city, 
respectively, are to have jurisdiction and control. The division 
of such jurisdiction and control shall be as so specified, but may 
be changed from time to time by action of both the legislative body 
and the commission, to such extent as may be consistent with obliga- 
tions to bondholders assumed under this Act. 

The power to issue revenue bonds as provided in this Act shall 
not be operative in any city until the legislative body, either at a 
general or a special election, shall submit to the electors of the city 
the question as to whether the legislative body or the commission, 
or both, shall be authorized to adopt the revenue bond method of 
financing projects provided for herein. If at such election a majority 
of the voters voting upon the proposition shall vote in favor of such 
proposition, such commission, or such city, or both, as may have 
been so specified, may from time to time, issue revenue bonds in 
accordance with the provisions of this Act for projects provided for 
herein. 

CHAPTER 3 
REMOVAL OF COUNTY SEATS 

16-301 (4369). Removal of County Seat — Petition. Whenever 
the inhabitants of any county of this State desire to remove the 
county seat of a county from the place where it is fixed by law, or 
otherwise, to another place, they may present a petition to the Board 
of County Commissioners of their county praying such removal, such 
place to be named in the petition, and that an election be held to 
determine whether or not such removal must be made. The petition 
to remove the county seat of the county from the place where it is 
fixed by law to another place must be presented to the Board of 
County Commissioners at least sixty days prior to any action 
thereon being taken by the Board of County Commissioners, and 
action on said petition by the Board of County Commissioners 
must be had at a regular meeting of said Board of County Commis- 
sioners. Such petition must be filed with the County Clerk, and the 
County Clerk, immediately upon the filing of said petition, must 
cause to be printed in every newspaper published within said county 
a notice to the effect that a petition praying for the removal of said 
county seat has been filed with the County Clerk, and that said 
petition is open to the inspection of any and all persons interested 
therein, and that said petition will be presented to the Board of 



100 ELECTION LAWS OF MONTANA 

County Commissioners at its next regular session for action thereon. 
No other or additional petition than the one originally filed shall be 
considered by the Board of County Commissioners, except that at 
any time on or before the date fixed for the hearing, any person 
having signed the original petition for the removal of the county 
seat may file a statement in writing with the County Clerk that he 
desires to have his name withdrawn from such petition; provided, 
that not more than one withdrawal shall be permitted by the same 
person. 

16-302 (4370). Submission to Electors— Who Are Taxpayers. 

If the petition is signed by sixty-five per cent of the taxpayers of 
such county, the Board of County Commissioners must at the next 
general election submit the question of removal to the electors of 
the county; provided, that the term "taxpayers" used in this section 
shall be deemed to mean "ad valorem taxpayers," and that for the 
purpose of testing the sufficiency of any petition which may be 
presented to the County Commissioners as provided in this section, 
the County Commissioners shall compare such petition with the 
poll-books in the County Clerk's office constituting the returns of the 
last general election held in their county, for the purpose of ascer- 
taining whether such petition bears the names of sixty-five per cent 
of the taxpaying voters listed therein; and they shall make a 
similar comparison of the names signed to the petition with those 
appearing upon the listed assessment roll of the county for the 
purpose of ascertaining whether the petition bears the names of 
sixty-five per cent, of the ad valorem taxpayers as listed in said 
assessment roll; and if such petition then shows that it has not been 
signed by sixty-five per cent, of the voters of the county who are ad 
valorem taxpayers thereof, after deducting from the said original 
petition the names of all persons who may have signed such original 
petition, and who may have filed, or caused to be filed, with the 
County Clerk of said county or the Board of County Commissioners, 
on or before the date fixed for the hearing, their statement in writing 
of the withdrawal of their names from the original petition, it shall be 
deemed insufficient, and the question of the removal of the county 
seat shall not be submitted. 

16-303 (4371). Election, Notice of. How Held and Conducted. 

Notice of such election, clearly stating the object, must be given, and 
the election must be held and conducted, and the returns made, in 
all respects in the manner prescribed by law in regard to the sub- 
mitting of questions to the electors of a locality under the general 
election law. 

16-304 (4372). Voter to Vote for Place He Prefers. In voting on 
the question, each elector must vote for the place in the county 
which he prefers, by placing opposite the name of the place the 
mark X. 

16-305 (4373). Publication of Result. When the returns have 
been received and compared, and the results ascertained by the 



ELECTION LAWS OF MONTANA 101 

Board, if a majority of the qualified electors of the county have voted 
in favor of any particular place, the Board must give notice of the re- 
sults by posting notices thereof in all the election precincts of the 
county, and by publishing a like notice in a newspaper printed in 
the county at least once a week for four weeks. 

16-306 (4374). Place Chosen to Be County Seat. In the notice 
provided for in the next preceding section, the place selected to be 
the county seat of the County must be so declared from a day speci- 
fied in the notice not more than ninety days after the election. After 
the day named in the notice, the place chosen is the county seat of 
the county. 

16-307 (4375). Statement oi Result and Notice Transmitted. 

Whenever any election has been held, as provided for in the preced- 
ing sections of this chapter, the statement made by the Board of 
County Commissioners, showing the result thereof, must be de- 
posited in the office of the County Clerk, and whenever the Board 
gives the notice prescribed by Section 16-306 of this Code, they must 
transmit a certified copy thereof to the Secretary of State. 

16-308 (4376). No Second Election to Be Held Within Four Years. 

When an election has been held and a majority of the votes are not 
cast for some other place than that fixed by law as the former county 
seat, no second election for the removal thereof must be held within 
four years thereafter. 

16-309 (4377). County Seat May Be Removed From Time to 
Time. When the county seat of a county has been once removed 
by a popular vote of the people of the county, it may be again re- 
moved from time to time in the manner provided by this chapter. 

CHAPTER 4 
LOCATION OF COUNTY SEATS 

16-401 (4378). Meeting and Organization of Board of Commis- 
sioners on Creation of New County — County Clerk. Whenever a 
county is created hereafter in this State by legislative enactment, it 
shall be the duty of the persons appointed to the office of County 
Commissioners of such county by the Act creating it, to meet at 
some place in the county, to be agreed upon by a majority of said 
County Commissioners, within fifteen days after the passage of the 
Act creating the county, and then and there organize as a Board of 
County Commissioners by electing one of their number chairman. 

The person appointed to the office of County Clerk in the bill 
creating the county shall be notified in writing by the County Com- 
missioners, or some one of them, of the time and place of scad meet- 
ing, and he must attend the meeting and act as the clerk thereof and 
keep a record of the proceedings. If no person is appointed to the 
office of County Clerk by the Act creating the county, the Commis- 
sioners shall at such meeting select some person qualified to hold 
office of County Clerk to act as clerk of such meeting. 



102 ELECTION LAWS OF MONTANA 

16-402 (4379). Designation of Temporary County Seat— Special 
Election. 

(1) Immediately after the organization of the Board of County 
Commissioners, as provided in the preceding section, said Board 
shall, by a resolution spread upon the minutes of its procedings, 
designate some place within said county as and to be the temporary 
county seat until the permanent county seat shall be located as here- 
inafter in this Act provided. The place so designated shall be the 
temporary county seat of said county until the permanent county 
seat is located by the electors of said county at the general election 
to be held on the first Tuesday after the first Monday of November 
of the next even-numbered year after the creation of the county, or 
at a special election as hereinafter provided. 

(2) In the event of a majority of the County Commissioners fail- 
ing to agree upon the location of the temporary county seat, then 
each County Commissioner shall write the name of the place he fav- 
ors as the temporary county seat on a slip of paper and said slips be 
inclosed in envelopes of the same size, color, and texture, and shall 
be deposited in a box or other suitable receptacle, and the County 
Clerk, in the presence of said Commissioners, shall draw out one of 
the said slips. Thereupon the County Commissioners shall, by reso- 
lution spread upon the minutes, declare the place named on the slip 
so drawn by the County Clerk to be the temporary county seat of 
said county. 

(3) At said first general election after creation of the county, it 
shall be the duty of the Board of County Commissioners and County 
Clerk to have separate official ballots printed and distributed for the 
use of the electors at said election; which ballots shall be in the form 
and contain the same matter as the ballots provided for in Section 
16-408 of this Code, and the provisions of Section 16-409 of this Code 
shall apply to and govern the manner of voting and of canvassing 
said ballots, and the Board of County Commissioners shall declare 
the result of such election and the location of the permanent county 
seat, and said county seat shall be located in the manner and ac- 
cording to the provisions of said Section 16-409. 

(4) Provided, however, that at any time within six months after 
the passage of an Act creating a new county, a petition or petitions 
may be filed with the County Clerk of the Board of County Commis- 
sioners of such county asking the Board to submit the question of the 
location of the permanent county seat to the electors of the county at 
a special election to be called and held in the manner hereinafter in 
this Act provided. Said petition or petitions must contain in the ag- 
gregate the names of at least one hundred taxpayers, whose names 
appear upon the assessment-books containing the last assessment of 
the property situated in such new county, and whose names also ap- 
pear as registered electors in some registration district established 
and existing in the territory embraced in the new county at the last 
general election held therein. 



Election laws of Montana 103 

(5) The petition or petitions when filed with the Board must also 
have certificates attached thereto from the County Clerk of the county 
in which the person or persons signing the petition resided before the 
creation of the new county, certifying that the names of the persons 
signing said petition or petitions appear in the last assessment-books 
of his county, and also in the registration-books of his county con- 
taining the names of the electors registered in the last general elec- 
tion in the districts now embraced in the new county. 

16-403 (4380). Proceedings Affer Petition for County Seat Elec- 
tion. Upon filing said petition or petitions, duly certified to as pro- 
vided in the preceding section, with the County Clerk of the new 
county, he must immediately notify the chairman of the Board of 
County Commissioners who, upon receipt of such notice, must call a 
meeting of the Board to be held within ten days after the filing of said 
petition, for the purpose of considering the same. If the Board at 
such meeting finds that said petition conforms to the requirements of 
and is in accordance with the provisions of the preceding section, it 
shall at said meeting, by a resolution spread upon its minutes, call a 
special election of the qualified electors of said county for the pur- 
pose of voting upon the question of the location of the permanent 
county seat. 

Said election shall be held on Tuesday and not less than forty 
nor more than sixty days after the date of calling the same. The 
Board must issue an election proclamation containing a statement 
of the time of the election and the question to be submitted. A copy 
of this proclamation must be publishd in some newspaper printed in 
the county, if any, and posted at each place of election at least ten 
days before the election. 

16-404 (4381). Division of County Into Registration and Polling 
Precincts. At the meeting of the Board at which the special election 
is called for the purpose of locating the permanent county seat, the 
Board shall, by resolution spread upon its minutes, divide the county 
into registration districts and establish polling precincts in the man- 
ner provided by law. It must also ,at such meeting, make an order 
designating the house or place within each precinct where the elec- 
tion shall be held. It must also at the same session of the Board ap- 
point registry agents for the several registration districts established 
by it, who must possess the qualifications required by law for regis- 
try agents. The County Clerk must furnish the said registry agents 
with books, blanks, and other stationery required for the proper per- 
formance of their duties. 

16-405 (4382). Registration of Voters. The period for the regis- 
tration of electors shall be between the hours of nine a. m. and nine 
p. m. on all legal days from nine a. m. of the 'fourth Monday prior 
to the date of said election to nine p. m. of the second following Sat- 
urday. It shall be the duty of each registry agent to publish and 
post notices of the time and places of registration in the manner pro- 
vided by law for the publication of notices of registration for gen- 



104 ELECTION LAWS OF MONTANA 

ercd elections. No person shall be entitled to register and vote at 
such special election unless he is a qualified voter of the State of 
Montana of the age of twenty-one years, and will have been a resi- 
dent of Montana one year and of the territory embraced within the 
boundaries of the new county for a period of one hundred and eighty 
days on the day next preceding the day of such election, and also 
takes and subscribes to the oath provided in Section 479, Revised 
Codes of Montana. 

The general election laws of this State governing the registration 
of electors and defining the duties of the registry agents shall apply 
to and govern the registration of electors in elections held under this 
Act in so far as the same do not conflict herewith. 

16-406 (4383). Judges of Election — Ballots, Books and Records. 

At the same meeting of the Board of County Commissioners at which 
the special election for the location of the permanent county seat is 
called, the Board shall appoint three judges of election for each pre- 
cinct in the county who shall act as the judges of said election. It 
shall be the duty of the County Clerk to have printed and distributed 
to the judges of election the necessary ballots, the form of which shall 
be as provided in Section 16-402, 16-408, and 16-410 of this Code, and 
also supply the judges with the necessary books, records, stationery 
and ballot-boxes required to hold such election in the manner pro- 
vided by law. 

16-407 (4384). Applicability of General Election Laws. The 

judges appointed for said special election must qualify as required 
by the general election law, and the polls must be opened and 
closed, the voting done, the ballots counted, returns made to the 
Board of County Commissioners, and all other matters connected 
with said election carried on and conducted in accordance with and 
as provided by the general election laws of this State. 

16-408 (4385). Form of Ballots. The form of the ballot used at 
such elections shall be as follows: There shall be a stub across the 
top of each ballot, and separated therefrom by a perforated line. 
The part above the perforated line, designated as the stub, shall ex- 
tend the entire width of the ballot, and shall have a depth of not 
less than two inches. Upon the face of the stub there shall be print- 
ed in what is known as brevier capitals the following instructions: 

"To vote this ballot the elector will write in the blank space on 
the ballot the name of the town or place at which he desires the 
permanent county seat to be located." 

The ballot below the perforated line shall be in the following 
form: 

"For the permanent county seat of county my 

choice is "; (here insert name of county). 

Provided, that any person who, from any cause, is unable to write, 
may have one of the judges in the presence of another judge write 
his choice on the ballot. 



ELECTION LAWS OF MONTANA 105 

16-409 (4386). Canvass of Returns— Result of Election. When 
the name of a town or place in a county shall be so inserted in the 
blank space on such ballot by an elector, and the ballot has been 
cast as provided by law, the same shall be deemed a vote for the 
designated town or place as the location of the permanent county 
seat of said county. The Board of County Commissioners of said 
county shall canvass the returns of said election in the manner pro- 
vided by law for the canvassing of election returns, and upon such 
canvassing of returns the town or place found to have received a ma- 
jority of all votes cast on such questions shall be declared by the 
Board the permanent county seat of the county. The order declaring 
the result of such election shall be entered of record in the minutes 
of the proceedings of the Board of County Commissioners by the 
County Clerk, and from the date of the declaration of the results of 
the election the town or place selected shall be and remain, until 
lawfully changed in the manner provided by law, the permanent 
county seat of such county. Within ten days after the declaration of 
the result of such elecion, all records and county offices of the county, 
if elsewhere located, must be moved to and remain at the place 
declared the permanent county seat. 

16-410 (4387). Re-election in Case of Failure to Select County 
Seat If no town or place receives a majority of all votes cast on 
such question, then the town or place receiving the highest number 
of votes shall be declared by the Board and immediately become 
the temporary county seat of the county, and at the next general 
election the two towns or places receiving the greatest number of 
votes at said first election shall be the candidates for the permanent 
county seat. At said next general election, the Couny Clerk shall 
have separate ballots in the form provided for in Section 16-408 of 
this Code printed and distributed as provided by law containing the 
names of said candidates for the permanent county seat. On the 
stub of such ballots shall be printed the following instructions: 

"To vote this ballot the elector will place an X in the square 
before the name of the town he intends to vote for." 

The form of such ballots below, the perforated line shall be as 
follows: 

□ for the permanent county seat. 

□ for the permanent county seat. 

Of said towns or places the one receiving a majority of all the 
votes cast on such question shall be declared the permanent county 
seat, and the Board of County Commissioners must canvass the re- 
turns and declare the result, and the county seat must be located in 
accordance with the provisions of this Act. 

16-411 (4388). Applicability of General Laws to New Counties 
and Officers. All laws of general nature applicable to the several 
counties of the State of Montana and to the officers thereof, and to 



106 ELECTION LAWS OF MONTANA 

their powers and duties, shall be applicable to a new county and 
the officers thereof from and after the creation of the county, except 
as otherwise provided in this Act, or the Act creating the county. 

16-412 (4389). Submission of Question of Locating Permanent 
County Seat to Voters — Elections. Any county heretofore created, in 
which the permanent county seat has not been located by valid elec- 
tion held for the purpose of locating the permanent county seat of 
said county, may have a special election, for the purpose of voting 
on such question, called and held under the provisions of this Act, 
or if no special election is held for such purpose, then said question 
shall be submitted by the County Commissioners at the next general 
election after the passage of this Act and in the manner provided 
herein for the submission of such questions at general elections; pro- 
vided, however, that no special election shall be called for the pur- 
pose of submitting such question unless a petition or petitions con- 
taining in the aggregate the names of one hundred taxpaying 
electors of such county, whose names apear upon the last assess- 
ment book, and also on the last registration-books of said county, are 
filed with the Clerk of the Board of County Commissioners within six 
months after the passage and approval of this Act. 

Upon the filing of such petition or petitions within said time, 
containing the requisite number of taxpaying electors, which must be 
ascertained by the Board from the records of said county, said Board 
must immediately call such special election as herein provided. 

If registration districts and polling precincts have already been 
established in said county, they shall remain the same for such spe- 
cial election, but a new registration shall be had and said special 
election conducted and the result determined as in this Act provided. 

The provisions of this section shall not apply in any case where 
there has been a permanent county seat located and maintained for 
a period of three years from the date immediately subsequent to the 
date of the approval of this Act, whether the same was located by a 
legal election or otherwise. 

CHAPTER 5 

CREATION OF NEW COUNTIES BY PETITION 
AND ELECTION 

16-501 (4390). Creation of New Counties — Debts and Assets 
Prorated — Minimum Area and Valuation. New counties may from 
time to time be formed and created in this State from portions of one 
or more counties, which shall have been created and in existence 
for a period of more than two years, in the manner set forth and pro- 
vided in this Act; provided, however, that no new county shall be es- 
tablished which shall reduce any county to an assessed valuation 
of less than Twelve Million Dollars ($12,000,000) inclusive of all as- 
sessed valuation as shown by the last preciding assessment; nor 
shall any new county be established which shall reduce the area 



ELECTION LAWS OF MONTANA 107 

of any existing county from which territory is taken to form such new- 
county, to less than twelve hundred square miles of surveyed land, 
exclusive of all forest reserve and Indian reservations within old 
counties nor shall any new county be formed which contains an 
assessed valuation of property less than Ten Million Dollars 
($10,000,000), inclusive of all assessed valuation as shown by the 
last preceding assessment, of the county or counties from which such 
new county is to be established, nor shall any new county be formed 
which contains less than one thousand square miles of surveyed 
land exclusive of all forest reserve land or Indian reservations, not 
open for settlement, nor shall any line thereof pass within fifteen 
miles of the court house situate at the county seat of the county 
sought to be divided; provided, that such county line may be run 
within a distance of ten miles of a county seat in cases where the 
natural contour of the county, by reason of mountain ranges or 
other topographical conditions, is such as to make it difficult to reach 
the county seat, and in such cases a petition, signed by at least 
fifty-eight per centum (58%), of the voters in the proposed new 
county, shall be presented to the judge of the District Court in which 
the county affected is located, asking for the appointment of a com- 
mission of five (5) disinterested persons, who shall determine if the 
topographical conditions are such as to warrant the fixing of the 
county division lines closer than at fifteen miles from the county 
seat, as such boundaries are legally fixed and determined at the 
date of the filing of the petition or petitions referred to in Section 
16-504 of this Code. 

Every county which shall be enlarged or created from the terri- 
tory taken from any other county or counties shall be liable for a 
prorata proportion of the existing debts and liabilities of the county or 
counties from which such territory shall be taken, and shall be en- 
titled to a prorata proportion of the assets of the county or counties 
from which such territory is taken, to be determined as provided by 
Sections 16-502, 16-503 and 16-511. 

16-502 (4391). Basis of Taxation Upon Creation of New County 
— Terms Used in Law Defined. For the purposes of this Act the 
assessed valuation of all property, whether included within the 
boundaries of any existing county or counties from which territory 
is taken, shall be fixed and determined on the same basis as is used 
for the imposition of taxes in the State of Montana, to-wit: By taking 
that percentage of the true and full value of all taxable property in 
any county specified by Section 84-302. 

Whenever in this Act the term "assessed valuation" or "valuation 
based on the last assessment roll" is used, said term shall be con- 
strued as meaning taxable valuation determined as herein provided, 
not the full and true valuation of property. 






16-503 (4392). Cities and Towns Eligible for County Seat. No 

city, town, or village shall become the temporary or permanent coun- 
ty seat at any county organization under the provisions of Sections 
16-501 to 16-520 of this Code, or created by an Act of the Legislative 



108 ELECTION LAWS OF MONTANA 

Assembly, unless such city or town shall have been incorporated in 
the manner provided by law, or unless such village shall have been 
regularly platted and a plat thereof filed in the office of the County 
Clerk and Recorder, and there be fifty qualified electors residing 
within the boundaries of such platted village, and the temporary- 
county seat selected upon the organization of such county shall re- 
main as such county seat until the permanent county seat shall be 
established as provided by law. 

16-504 (4393). Petition for Creation of New County — Attached 
Affidavits — Notice and Hearing. 

(1) Whenever it is desired to divide any county or counties and 
form a new county out of a portion of the territory of such then exist- 
ing county or counties, a petition shall be presented to the Board 
of County Commissioners of the county from which the new county 
is to be formed, in case said proposed new county is to be formed 
from but one county, or to the Board of County Commissioners of the 
county from which the largest area of territory is proposed to be 
taken for the formation of such new county, in case said new county 
is to be formed from portions of two or more existing counties; and 
such Board of County Commissioners shall be empowered and have 
jurisdiction to do and perform all acts provided for to be done or per- 
formed in this Act, for each of the several counties from which any 
proposed territory is to be taken, and shall direct that a certified copy 
of all orders and proceedings had before such Board of County Com- 
missioners shall be certified by the county Clerk to the Board of 
County Commissioners of each of the several counties from which 
any territory is taken by the proposed new county; and all officers 
of any such county shall comply with the orders of the Board of 
County Commissioners, in the same manner as if said order had 
been duly made by the Board of County Commissioners of each re- 
spective county from which territory is proposed to be taken. Such 
petition shall be signed by at least fifty-eight per cent, of the quali- 
fied electors of the proposed new county, whose names appear on the 
official registration books and who are shown thereon to have voted 
at the last general election preceding the presentation of said petition 
to the Board of County Commissioners as herein provided; provided, 
that in cases where the proposed new county is to be formed from 
portions of two or more counties, separate petition shall be presented 
from the territory taken from each county; and each of said separate 
petitions shall be signed by at least fifty-eight per cent, of the quali- 
fied electors of each of said proposed portions. Such signatures need 
not all be appended to one paper, but may be signed to several 
petitions which must be similar in form, and when so signed the sev- 
eral petitions may be fastened together and shall be treated and 
presented as one petition. 

(2) Such petition or petitions shall contain: 

1. A particular description of the boundaries of the proposed 
new county. 



ELECTION LAWS OF MONTANA 109 

2. A statement that no line thereof passes within fifteen miles 
of the court house situated at the county seat of any county proposed 
to be divided, except as hereinafter in this Act provided. 

3. A statement of the assessed valuation of such proposed 
county as shown by the last preceding assessment, inclusive of all 
assessed valuation. 

4. A statement of the surveyed area in square miles which will 
remain in the county or counties from which territory is taken to form 
such new county, after such county is formed, and a statement of the 
surveyed area in square miles which will be in the new county after 
formed. 

5. The name of the proposed new county. 

6. A prayer that such proposed new county be organized into 
a new county under the provisions of this Act. 

There shall be attached and filed with said petition or petitions 
an affidavit of five qualified electors and taxpayers residing within 
each county sought to be divided, to the effect that they have read 
said petition and examined the signatures affixed thereto, and they 
believe that the statements therein are true, and that it is signed by at 
least fifty-eight per cent, of the qualified electors as herein provided, 
of the proposed new county, or of the proposed portion thereof, taken 
from each existing county, where the proposed new county is to be 
formed from portions of two or more existing counties; that the sig- 
natures affixed thereto are genuine; and that each of such persons 
so signing was a qualified elector of such county therein sought to 
be divided, at the date of such signing. Such petition or petitions so 
verified, and the verification thereof, shall be accepted in all pro- 
ceedings permitted or provided for in this Act, as prima facie evi- 
dence of the truth of the matters and facts therein set forth. Upon the 
filing of such petition or petitions and affidavits with the Clerk of the 
said Board of County Commissioners, said clerk shall forthwith fix a 
date to hear the proof of the said petitions and of any opponents 
thereto, which date must be not later than thirty days after the filing 
of such petition with the clerk of said Board. The County Clerk shall 
also, at the same time, designate a newspaper of general circulation 
published in the old counties, but not within the proposed new coun- 
ty, and also a newspaper of general circulation published within the 
boundaries of the proposed new county, if there be such, in which the 
said County Clerk shall order the cause to be published, at least once 
a week for two weeks next preceding the date fixed for such hearing, 
a notice in substantially the following form: 

NOTICE 

Notice is hereby given that a petition has been presented to the 

Board of County Commissioners of county 

(naming the county represented by the Board of County Commis- 
sioners with which said petition was (filed), praying for the formation 
of a new county out of a portion of the said county 



110 ELECTION LAWS OF MONTANA 

and county (naming the county or counties 

of which it is proposed to form the new county), and that said petition 
will be heard by the said Board of County Commissioners at its place 
of meeting (designating the city or town and the day and hour of 
the meeting so to be held), and when and where all persons interested 
may appear and oppose the granting of said petition, and make any 
objections thereto. 

Dated at at , Montana. 

, County Clerk. 

Said petitioners shall, on or before the date fixed for said hearing, 
file with the said Board of County Commissioners a bond to be ap- 
proved by said Board, in an amount of Five Thousand Dollars, pay- 
able to the county in which said petition is filed, conditioned that 
the obligors named in said bond will pay to said county all expenses 
incurred in the election provided for in this Act, not exceeding the 
amount specified in said bond, in the event that at the election herein 
provided for more than forty-two per cent, of the votes cast at said 

election are "for the new county of (naming 

the proposed new county)", "No." 

(3) At the time so fixed for said hearing, the Board of County 
Commissioners shall proceed to hear the petitioners and any op- 
ponents and protestants upon the petition or protests filed on or be- 
fore the time fixed for the hearing. No petition or protest or petition 
for the exclusion of territory shall be considered unless the same is 
filed at least one day before the time fixed for the hearing, and such 
petition for the exclusion of territory shall contain the names of not 
less than fifty per cent, of the qualified electors who are resident prop- 
erty taxpayers of any territory to be excluded. All such territory be- 
ing excluded must be in one block, and contain an area of not less 
than thirty-six square miles, and be totally within one county, and 
contiguous thereto, and the Board of County Commissioners may ad- 
journ such hearing from time to time, but not for more than ten days 
after the time fixed for the hearing, and shall receive the proof to es- 
tablish or controvert the facts set forth in said petition. No with- 
drawals of signatures to the original petition for the creation of a pro- 
posed county shall be filed or considered which have not been filed 
with the County Clerk on or before the date fixed for the hearing. No 
withdrawals of any signature from the petition for the exclusion of 
territory shall be received or considered which are not filed within 
five days after the filing of the petition for such exclusion of territory. 

(4) The Board of County Commisisoners, on the final hearing of 
such petition or petitions, shall, by a resolution entered on its minutes, 
determine: 

1. The boundaries of the proposed new county, and the 
boundaries so determined by said Board of County Commissioners 
shall be the boundaries of such proposed new county, if it be created 
as herein provided. 

2. Whether the said petition contains the genuine signatures of 
at least fifty-eight per cent, of the qualified electors of the proposed 



ELECTION LAWS OF MONTANA 111 

new county as herein required, or in cases where separate petitions 
are presented from portions of two or more existing counties as here- 
in required, whether each petition is signed by at least fifty-eight per 
cent, of the qualified electors of that portion of each of such existing 
counties which it is proposed to take into the proposed new county. 

3. Whether any line of the proposed new county passes within 
fifteen miles of the court-house situate at the county seat of any 
county proposed to be divided, except as hereinbefore provided. 

4. Whether the proposed new county will contain property, ac- 
cording to the last preceding assessment, which will equal in amount 
at least Four Million Dollars, inclusive of all assessed valuation. 

5. Whether the area of any existing county from which ter- 
ritory is taken to form such new county will be reduced to less than 
twelve hundred square miles of surveyed land, by taking the territory 
proposed to be taken therefrom to form such new county. 

6. Whether the area of the proposed new county will contain at 
least one thousand square miles of surveyed land to form such new 
county. 

7. The class to which said proposed new county after its 
creation will belong, and the name of said proposed new county, as 
stated in such petition. 

8. Whether the area embraced within the proposed new county 
will be reasonably compact. 

(5) On final hearing the Board of Commissioners, upon petition 
of not less than fifty per cent, of the qualified electors (as shown by 
the official registration books on the day of the filing of any such peti- 
tion) of any territory lying within said proposed new county contigu- 
ous to the boundary line of the said proposed new county, and of the 
old county from which such territory is proposed to be taken, and 
lying entirely within a single old county and described in said peti- 
tion, asking that said territory be not included within the proposed 
new county, must make such changes in the proposed boundaries as 
will exclude such territory from such new county, and shall establish 
and define such boundaries. On final hearing the Board of Com- 
missioners, upon petition of not less than fifty per cent, of the quali- 
fied electors who are resident property taxpayers of any territory 
lying outside said proposed new county, and contiguous to the 
boundary line of said proposed new county, and of the old county 
or counties from which such territory is proposed to be included, ask- 
ing that said territory be included within the proposed new county, 
must make such changes in the proposed boundaries as will include 
such territory in such new county, and shall establish and define such 
boundaries; provided, however, that the segregation of such territory 
from any old county or counties shall not leave such county or coun- 
ties with less than Twelve Million Dollars of assessed valuation, 
based upon the last assessment-roll; provided, that no change or 
changes so made shall result in reducing the valuation of the pro- 



112 ELECTION LAWS OF MONTANA 

posed new county to less than cm assessed valuation of Ten Million 
Dollars, inclusive of all assessed valuation; and provided, further, that 
on change shall be made which shall leave the territory so excluded 
separate and apart from and without the county of which it was form- 
erly a part. Petitions for exclusion shall be disposed of in the order 
in point of time in which they are filed with the Clerk of the Board of 
County Commissioners, and on final determination of boundaries no 
changes in the boundaries originally proposed shall be made except 
as prayed for in said petition or petitions, or to correct clerical errors 
or uncertainties. 

16-505 (4394). Duty of Commissioners When Findings Justify New 
County — Division Into Township, Road and School Districts — Change 
of Boundaries of Election Precincts — Election — Temporary County 
Seat. 

(1) If the said Board of County Commissioners determine that 
the formation of said proposed new county will not reduce any county 
from which any territory is taken to an assessed valuation of less 
than Twelve Million Dollars, inclusive of the assessed valuation, nor 
the area thereof to less than twelve hundred square miles of surveyed 
land, and that the proposed new county contains property of an 
assessed valuation of at least Ten Million Dollars, inclusive of all 
assessed valuation, and that the proposed new county has an area 
of at least one thousand square miles of land, and that no line of said 
proposed new county passes within fifteen miles of the courthouse 
situate at the county seat of any county proposed to be divided, ex- 
cept as hereinbefore provided, and that said petition contains the 
genuine signatures of at least fifty-eight per cent, of the qualified 
electors of the proposed new county, or in cases where separate peti- 
tions are presented from portions of two or more existing counties (as 
herein required), that each of said petitions contain the genuine sig- 
natures of at least fifty-eight per cent, of the qualified electors of that 
portion of the proposed new county from which it is taken, then the 
said Board of County Commissioners shall divide the proposed new 
county into a convenient number of township, road, and school dis- 
tricts, and define their boundaries and designate the names of such 
districts. 

(2) Said Board of County Commissioners shall also, if neces- 
sary for the purpose of the election hereinafter provided for, change 
the boundaries of the election precincts in said old county or counties 
to make the same conform to the boundaries of the proposed new 
county; provided, that the boundary lines of no such precinct shall 
extend beyond the boundary lines of the then existing county in 
which it is located, and from which the territory is proposed to be 
taken; and said Board shall appoint election officers to act at said 
election and to be paid by said Board. 

(3) Within two weeks after its determination of the truth of the 
allegations of said petition as aforesaid, the said Board of County 
Commissioners shall order and give proclamation and notice of an 
election to be held on a specified day in the territory which is pro- 



ELECTION LAWS OF MONTANA 113 

posed to be taken for the new county, not less than niney days nor 
more than one hundred and twenty days thereafter, for the purpose 
of determining whether such territory shall be established and or- 
ganized into a new county; and for the election of officers and 
location of a county seat therefor, in case the vote at such 
election shall be in favor of the establishment and organization 
of such new county. All qualified electors residing within the 
proposed new county who are qualified electors of the county 
or counties from which territory is taken to form such proposed 
new county, and who have resided within the limits of the pro- 
posed county for a period of more than six months next preced- 
ing the day of election, and who are registered under the pro- 
visions of the registration laws of the State, shall be entitled to vote 
at said election. Registration and transfers of registration shall be 
made and shall close in the manner and at a time provided by law 
for registration and transfers of registration for a general election in 
the State of Montana. 

(4) Such proclamation and notice of election shall be published 
at least once a week for three weeks before the holding of such elec- 
tion, in some newspaper of general circulation published in the ter- 
ritory which is proposed to be taken for the new county, and a copy 
thereof shall be mailed immediately by the County Clerk of the 
county in which the petition is filed to the County Clerk of each 
county from which territory is taken for the proposed new county. 
Such proclamation and notice shall require the voters to cast ballots 

which shall contain the words, "For the new county of 

(giving the name of the proposed new county") 

"Yes," and "For the new county of (giving the 

name of the proposed new county)," "No," and each voter desiring 
to vote for the establishment and organization of said new county 
shall mark a cross (X) opposite the words, "For the new county of 

," "Yes," in the manner now required by law in 

other elections, and each voter desiring to vote against the establish- 
ment and organization of said new county shall mark a cross (X) op- 
posite the words, "For the new county of ," "No," 

in the manner now required by law in other elections; and shall also 
contain the names of persons to be voted for to fill the various elec- 
tive offices designated in said proclamation for counties of the class 
to which said proposed county will belong, as determined by the 
Board of County Commissioners as herein otherwise provided. 

(5) There shall also be printed upon said ballot the words, "For 
the county seat," and the names of all cities or towns which may 
have filed with the County Clerk a petition signed by at least twenty- 
five qualified electors, nominating any city or town within the pro- 
posed new county for the county seat, and the voter shall designate 
his choice for county seat by marking a cross (X) opposite the name 
of the city or town for which he desires to cast his ballot. At the spe- 
cial election to be held, as provided in this Act, the question of the 
election of the county seat is hereby provided to be submitted to the 
qualified electors of the proposed new county, and the majority of all 



114 ELECTION LAWS OF MONTANA 

the votes cast therefor shall determine the election thereon. In case 
any city or town fails to receive the majority of all votes cast, then 
the city or town receiving the highest number of all votes cast shall 
be designated as the temporary county seat, and in case any city or 
town is not the choice of the election for the county seat by a ma- 
jority of all the votes cast, the question of choice between the two 
cities or towns for which the highest number of votes shall have 
been cast shall be submitted in like manner to the qualified electors 
at the next general election thereafter. When the county seat shall 
have been selected as herein provided, it shall not thereafter be 
changed except in the manner provided by law. 

(6) The proclamation calling the election and the notice thereof 
provided for in this Act shall be made and given exclusively by the 
Board of County Commissioners with which is filed the said petition 
for the formation and establishment of such new county, and such 
Board shall cause the Clerk of said county to furnish to the officers 
of each precinct in such proposed new county all ballots, poll list, 
tally lists, registers for voters' signatures, ballot-boxes, and other elec- 
tion supplies and equipment necessary to conduct such election, and 
which are not hereinafter specifically directed to be furnished by the 
Clerk of another county or counties. Such election shall be gov- 
erned and controlled by the general election laws of the State, so far 
as the same shall be applicable, except as herein otherwise pro- 
vided. The returns of all elections for the creation of the county, and 
for officers and for locations of the county seat as provided for in this 
Act, shall be made to and canvassed by the Board of County Com- 
missioners of the county from which the largest area is taken by the 
proposed county. 

(7) The County Clerk of each county from which territory is 
taken for the proposed new county shall, not less than five days be- 
fore the date of such election, furnish to each board of election with- 
in said proposed new county, a copy of the official register for the 
precincts of such proposed new county as are within their respective 
counties, and the copies of indexes thereof required by law contain- 
ing the names of all persons who were qualified electors at the last 
general election before the date of such election. 

All returns of election herein provided for shall be made to the 
Board of County Commissioners calling such election. 

All nomination of candiates for the office required to be filled 
at said election shall be made in the manner provided by law for the 
nomination of candidates by petition. 

The provisions of the election laws relating to preparation, printing, 
and distribution of sample ballots, except the provisions of said laws 
relating to primary elections in this State, shall have application to 
any election provided for in this Act. 

16-506 (4395). Measures to Be Taken After Election— Officers — 
Effect of Adverse Vote. 

(1) If, upon the canvass of the votes cast at such election, it ap- 
pears that fifty-eight per cent, of the votes cast are "For the new 



ELECTION LAWS OF MONTANA 115 

county of ," "Yes," the Board of County Commissioners 

shall, by a resolution entered upon its minutes, declare such territory 
duly formed and created as a county of this State, of the class to 

which the same shall belong, under the name of -county, 

and that the city or town receiving the highest number of votes cast 
at said election for county seat shall be the county seat of said county 
until removed in the manner provided by law, and designating and 
declaring the person receiving respectively the highest number of 
votes for the several offices to be filled at said election, to be duly 
elected to such offices. Said Board shall forthwith cause a copy of its 
said resolution, duly certified, to be filed in the office of the Secretary 
of State, and ninety days from and after the date of such filing said 
new county shall be deemed to be fully created, and the organization 
thereof shall be deemed completed, and such officers shall be entitled 
to enter immediately upon the duties of their respective offices upon 
qualifying in accordance with law and giving bonds for the faithful 
performance of their duties, as required by the laws of the State. The 
Clerk of the Board of County Commissioners with which said petition 
was filed, as herein provided, must immediately make out and deliver 
to each of said persons so declared and designated to be elected, a 
certificate of election authenticated by his signature and the seal of 
said county. The persons elected members of the Board of County 
Commissioners and the County Clerk shall immediately, upon re- 
ceiving their certificates of election, assume the duties of their re- 
spective offices. 

(2) The Board of County Commissioners shall have authority to 
provide a suitable place for the county officers, and to purchase such 
supplies as may be deemed necessary for the proper conduct of the 
county government. All other officers take office ninety days after 
the filing of the resolution herein provided for with the Secretary of 
State. All the officers elected at said election, or appointed under 
this Act, shall hold their offices until the time provided by general 
law for the election and qualification of such officers in this State, 
and until their successors are elected and qualified, and for the pur- 
pose of determining the term of office of such officers, the years said 
officers are to hold office are to be computed respectively from and in- 
cluding the first Monday after the first day of January following the 
last preceding general election. If, however, upon such canvass it 
appears that more than forty-two per cent of the votes cast at said 

election are "for the new county of ," "No," the 

Board of County Commissioners canvassing said vote as provided 
herein shall pass a resolution in accordance therewith, and there- 
upon the proceedings relating to division of such county or counties 
shall cease; and no other proceedings in relation to any other di- 
vision of said old county or counties shall be instituted for at least 
two years after such determination. 

16-507 (4396). Officers of New County— Judicial District. At the 

election provided for in Section 16-505 of this Code, there shall be 
chosen such county, township, and district officers as are now or 
may hereafter by general law be provided for in counties of the class 



116 ELECTION LAWS OF MONTANA 

to which the said new county is determined to belong, as herein 
provided; provided, that all duly elected, qualified and acting officers 
of the county or counties, who may reside within the proposed new 
county, shall be deemed to be officers of said new county if they file 
with the Board of County Commissioners, whose duty it shall be to 
call the election, within five days after the final hearing and de- 
termination of said petition for such proposed new county, their in- 
tention to become officers of said proposed new county, and the 
Board of County Commissioners issuing the proclamation of any 
election, as in this Act provided, shall omit providing for the election 
of any such officers as may have filed their declaration as herein 
provided; and provided, also, that all duly elected, qualified, and 
acting Justices of the Peace and Constables residing within the 
proposed new county at the time of the division of such county 
into townships, as hereinbefore in Section 16-505 provided, shall 
hold office as such Justices of the Peace or Constables in said 
county for the remainder of the term for which they were elected 
on qualifying as Justices of the Peace or Constables for the re- 
spective townships in which they reside, when said townships 
are organized as provided in this Act; provided, further, that all 
duly elected, qualified, and acting School Trustees residing with- 
in the proposed new county at the time of the division of such 
county into school districts, as hereinbefore in Section 16-505 pro- 
vided, shall hold offices as School Trustees in said new county 
for the remainder of the term for which they were elected on quali- 
fying as School Trustees for the respective districts in which they 
reside, as said districts are organized as provided by this Act. 
Each person elected or appointed to fill an office of such new county 
under the provisions of this Act shall qualify in the manner provided 
by law for such officers, except as herein otherwise provided, and 
shall enter upon the discharge of the duties of his office within such 
time as herein provided, after the receipt of the certificate of his elec- 
tion. Each of such officers may take the oath of office before any 
officers authorized by the laws of the State of Montana to administer 
oaths, and the bond of any officer from which a bond is required 
shall be approved by any Judge of the District Court of the district to 
which such new county is attached for judicial purposes. The of- 
ficers elected or appointed under the provisions of this Act shall 
each perform the duties and receive the compensation now provided 
by general law for the office to which he has been appointed or 
elected in the counties of the class to which such new county shall 
have been determined to belong, as herein provided under the gen- 
eral classification of counties in this State. 

Said new county, when created and organized in pursuance of 
the provisions of this Act, shall be attached to such judicial district 
as may be designated by the Governor of the State of Montana, in a 
proclamation to be issued by him, designating such new county as 
attached to the particular judicial district for judicial purposes. 

16-508 (4396.1). State Senator to Be Elected. At the special elec- 
tion held for the purpose of voting on the creation of a new county, 



ELECTION LAWS OF MONTANA 117 

a State Senator shall be elected, who will hold office until the next 
general election. 

16-509 (4396.2). Board of County Commissioners to Be Elected. 

At the special election held for the purpose of voting on the question 
of the creation of a new county, a Board of County Commissioners 
shall be elected, who shall hold office until the next general election. 

Note: Sections 16-510 (4397) to 16-516 (4403) omitted as not bear- 
ing upon the question of elections.) 

16-517 (4404). Publication by Posting of Notice. Whenever in 
this Act publication of any notice is provided for, and no newspaper 
of general circulation is published within the territory in which said 
notice is required to be published, notice shall be given by posting 
copies of such notices in at least ten public places in such terri- 
tories for the same length of time said notice was required to be pub- 
lished. 

16-518 (4405). State Senator and Member of House of New 
County. The territory within the limits of any new county, until 
otherwise provided by law, shall be entitled to representation in the 
State Senate by one State Senator; and to representation in the House 
of Representatives by one Member of the House of Representatives. 

16-519 (4406). Misdemeanor and Malfeasance in Office. Any 

member of the Board of County Commissioners, or any other officer 
who unlawfully and knowingly violates any of the provisions of this 
Act, or fails or refuses to perform any duty imposed upon him here- 
under, shall be guilty of a misdemeanor and of malfeasance in office, 
and shall be deprived of his office by a decree of a court of com- 
petent jurisdiction, after trial and conviction. 

16-520 (4407). Repealing and Saving Clause. All Acts and 
parts of Acts in conflict herewith are hereby repealed, with the ex- 
ception: This Act shall not apply in any cases whereby the election 
has been held under the Act passed by the Fifteenth Legislative 
Session for the creation of counties and a majority vote has been 
cast in favor thereof, but the provisions of this Act shall be deemed 
in full force and effect so far as they may effect any proposed new 
county now in process of creation, unless said new county can com- 
ply with the requirements of this Act; and it is hereby made the duty 
of the Board of County Commissioners which may have ordered any 
election in pursuance of existing laws to immediately make an order 
annulling and setting aside all further proceedings in relation to such 
proposed new county, including an order to nullify and set aside any 
election order theretofore made; provided, if any order is made nulli- 
fying and setting aside any election as provided in this section, any 
bond which may have been given in pursuance with the provisions 
of law relating to the costs of election for the creation of any proposed 
new county shall be deemed void, and no liability shall be incurred 
thereunder. 



118 ELECTION LAWS OF MONTANA 

CHAPTER 10 

DUTIES OF COUNTY COMMISSIONERS RELATIVE TO 

ELECTIONS 

16-1003 (4465.2). Elections— Powers Concerning. The Board of 
County Commissioners has jurisdiction and power under such limita- 
tions and restrictions as are prescribed by law: 

To establish, abolish and change election precincts, and to ap- 
point judges of election, canvass all election returns, declare the re- 
sult, and issue certficates thereof. 

16-1156 (4515). Board to Provide Appliances for Holding Elec- 
tions, and Allow Expenses. The Board of County Commissioners 
must provide all poll-lists, poll-books, blank returns and certificates, 
proclamations of elections, and other appropriate and necessary ap- 
pliances for holding all elections in the county, and allow reasonable 
charges therefor, and for the transmission and return of the same to 
the proper officers. 

16-1157 (45.16). Issuance of Certificates of Election as Board of 
Canvassers. Whenever, as canvassers, the Board of County Com- 
missioners declare the result of any election held in the county, cer- 
tificates must be by the Clerk of the Board issued to all persons 
elected to a county office or to a township or district office therein, 
and such other certificates must be made out and transmitted as re- 
quired by the title relative to elections. 

CHAPTER 20 
COUNTY FINANCE— BONDS AND WARRANTS 

16-2021 (4630.7). Petition and Election Required for Bonds Issued 
for Other Purposes. County bonds for any other purpose than those 
enumerated in Section 16-2013 shall not be issued unless authorized 
at a duly called special or general election at which the question of 
issuing such bonds was submitted to the qualified electors of the 
county and approved, as provided in Section 16-2027 and no such 
bond election shall be called unless there has been presented to the 
Board of County Commissioners a petition, asking that such election 
be held and such question be submitted, signed by not less than 
twenty per centum (20%) of the qualiifed electors of the county, who 
are taxpayers upon property within the county and whose names ap- 
pear on the last completed assessment roll for State and county taxes. 

16-2022 (4630.8). Form, Contents and Proof of Petition. Every 
petition for the calling of an election to vote upon the question of is- 
suing county bonds shall plainly and clearly state the purpose or 
purposes for which the proposed bonds are to be issued, and shall 
contain an estimate of the amount necessary to be issued for such 
purpose or purposes. There may be a separate petition for each pur- 
pose, or two (2) or more purposes may be combined in one (1) petition 
if each purpose, with an estimate of the amount of bonds necessary 
to be issued therefor, is separately stated in such petition. Such peti- 



ELECTION LAWS OF MONTANA 119 

tion may consist of one (1) sheet, or of several sheets identical in form 
and fastened together after being circulated and signed so as to form 
a single complete petition before being delivered to the County Clerk 
as hereinafter provided. The petition shall give the post office ad- 
dress and voting precinct of each person signing the same. 

Only persons who are qualified to sign such petition shall be 
qualified to circulate the same, and there shall be attached to the 
completed petition the affidavit of some person who circulated, or 
assisted in circulating such petition, that he believes the signatures 
thereon are genuine and that the signers knew the contents thereof 
before signing the same. The completed petition shall be filed with 
the County Clerk who shall, within fifteen (15) days thereafter, care- 
fully examine the same and the county records showing the qualifi- 
cations of the petitioners, and attach thereto a certificate under his 
official signature and the seal of his office, which certificate shall set 
forth: 

(1) The total number of persons who are registered electors and 
whose names appear upon the last completed assessment roll for 
state and county taxes. 

(2) Which and how many of the persons whose names are sub- 
scribed to such petition are possessed of all of the qualifications re- 
quired of signers to such petition. 

(3) Whether such qualiifed signers constitute more or less than 
twenty per centum (20%) of the registered electors whose names ap- 
pear upon the last completed assessment roll for state and county 
taxes. 

16-2023 (4630.9). Consideration of Petition — Calling Election. 

When such petition has been filed with the County Clerk and he has 
found that it has a sufficient number of signers, qualified to sign the 
same, he shall place the same before the Board of County Commis- 
sioners at its first meeting held after he has attached his certificate 
thereto. The Board shall thereupon carefully examine the petition 
and make such other investigation as it may deem necessary. 

If it is found that the petition is in proper form, bears the requisite 
number of signers of qualified petitioners, and is in all other respects 
sufficient, the Board shall pass and adopt a resolution which shall 
recite the essential facts in regard to the petition and its filing and 
presentation, the purpose, or purposes, for which the bonds are pro- 
posed to be issued, and fix the exact amount of bonds proposed to be 
issued for each purpose, which amount may be less than but must 
not exceed the amount set forth in the petition, determine the number 
of years through which such bonds are to be paid, not exceeding the 
limitations fixed in Section 1 6-20 1 1 , and making provisions for having 
such question submitted to the qualified electors of the county at the 
next general election, or at a special election which the Board may 
call for such purpose. 

16-2024 (4630.10). Notice of Election — Election Hours— Election 
Officers. Whether such election is held at the general election, or at 



120 ELECTION LAWS OF MONTANA 

a special election, separate notice shall be given thereof. Such notice 
shall state the date when such election will be held, the hours be- 
tween which the polls will be open, the amount of bonds proposed 
to be issued, the purpose of the issue, the term of years through 
which the bonds are to be paid, and such other information regarding 
the holding of the election and the bonds proposed to be issued as the 
Board may deem proper. If bonds are to be issued for two (2) or 
more purposes, each purpose and the amount therefor must be sep- 
arately stated. Such notice shall be posted in each voting precinct 
throughout the county in the same manner as notices for a general 
election are required to be posted. Such notice must also be pub- 
lished once each week for four (4) consecutive weeks preceding the 
election in the official newspaper of the county. 

If the question of issuing bonds is submitted at a special election 
called for such purpose the Board of County Commissioners shall fix 
the hours through which the polls are to be kept open, which shall be 
not less than eight (8), and which must be stated in the notice of elec- 
tion, and may appoint a smaller number of election judges than is re- 
quired for a general election, but in no case shall there be less than 
three (3) judges in the precinct, and such judges shall act as their 
own clerks. 

If the question of issuing bonds is submitted at a general elec- 
tion, the polls shall be kept open during the same hours as are fixed 
for such general election and the judges and clerks for such general 
election shall act as the judges and clerks for such bond election. 

16-2025(4630.11). Form of Ballots and Conduct of Election. The 

form of ballots shall be as prescribed by Section 16-2306; but if bonds 
are sought to be issued for two (2) or more separate purposes, then 
separate ballots must be provided for each purpose. The election 
shall be conducted in the manner prescribed by said Section 16-2306, 
and the general election laws of the State shall govern insofar as they 
are applicable; but if such question be submitted at a general election 
the votes thereon must be counted separately and separate returns 
must be made by the judges and clerks at such election. 

16-2026 (4630.12). Who Are Entitled to Vote. In all county bond 
elections hereafter held only qualified registered electors residing 
within the county, who are taxpayers upon property therein and 
whose names appear upon the last completed assessment roll for 
State, county and school district taxes, shall have the right to vote. 
Upon the adoption of the resolution calling for the election, the County 
Clerk must cause to be published in the offiical newspaper of the 
county a notice, signed by him, stating that registration for such 
bond election will close at noon on the fifteenth day prior to the date 
for holding such election and at that time the registration books shall 
be closed for such election. Such notice must be published at least 
ten (10) days prior to the day when such registration books will be 
closed. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the registered electors 



ELECTION LAWS OF MONTANA 121 

of such voting precinct, who are taxpayers upon property within the 
the county and whose names appear on the last completed assess- 
ment roll for State, county and school district taxes, and who are en- 
titled to vote at such election, and shall prepare poll books for such 
election, as provided in Section 23-515, and deliver the same to the 
judges of election prior to the opening of the polls. It shall not be 
necessary to publish or post such list of qualified electors. 

16-2027 (4630.13). Percentage of Electors Required to Authorize 
Bond Issue. Whenever the question of issuing county bonds for any 
purpose is submitted to the qualified electors of a county, at either a 
general or special election, not less than forty per centum (40%) of 
the qualified electors entitled to vote on such question must vote 
thereon, otherwise such proposition shall be deemed to have been re- 
jected; provided, however, that if forty per centum (40%), or more 
of such qualified electors do vote on such question, at such election, 
and a majority of such votes shall be cast in favor of such proposi- 
tion, then such proposition shall be deemed to have been approved 
and adopted. 

16-2028 (4630.14). Canvass of Election Returns— Resolution for 
Bond Issue. If the bonding election be held at the same time as a 
general election, then the returns shall be canvassed at the same 
time as the returns from such general election; but if the bonding 
election is a special election, then the Board of County Commission- 
ers shall meet within ten (10) days after the date of holding such spe- 
cial election and canvass the returns. If it is found that at such 
election forty per centum (40%) or more, of the qualified electors en- 
titled to vote at such election voted on such question, and that a ma- 
jority of such votes were cast in favor of the issuing of such bonds, 
the Board of County Commissioners shall, at a regular or special 
meeting held within thirty (30) days thereafter, pass and adopt a reso- 
lution providing for the issuance of such bonds. Such resolution 
shall recite the purpose for which such bonds are to be issued, the 
amount thereof, the maximum rate of interest the bonds may bear, 
the date they shall bear, the period of time through which they shall 
be payable, the optional provisions, if any; and provide for the man- 
ner of the execution of the same. It shall provide that preference 
shall be given amortization bonds but shall fix the denomination 
of serial bonds in case it shall be found advantageous to issue bonds 
in that form, and shall adopt a form of notice of the sale of the bonds. 

The Board may, in its discretion, provide that such bonds may be 
issued and sold in two or more series or installments. 

CHAPTER 22 

TAX LEVY FOR ROAD AND BRIDGE CONSTRUCTION 

16-2201 (4713). Increased Tax Levy for Road and Bridge Con- 
struction. The Board of County Commissioners may, in their dis- 
cretion, for the purpose of constructing roads and bridges, make an 
increased levy upon the taxable property of the county of ten mills 



122 ELECTION LAWS OF MONTANA 

or less; provided, that such proportion of the funds derived under 
the provisions of this Act as are expended on State and main high- 
ways shall be expended under plans approved by the State Highway 
Commission. 

16-2202 (4714). Submission of Question to Electors. Before such 
increased levy shall be made, the question shall be submitted to a 
vote of the people at some general or special election, and shall be 
submitted in the following form, inserting the number of mills pro- 
posed to be levied: 

"Shall there be an increased levy of mills upon the taxable 

property of the County of , State of Montana, for 

the purpose of constructing roads and bridges? 




16-2203 (4715). Majority Vote Required. A majority of the votes 
cast shall be necessary to adopt such measure. 

16-2204 (4716). Collection of Tax. Such levy shall be collected 
in the same manner as other road taxes are collected. 

CHAPTER 23 

VOTE NECESSARY ON PROPOSAL TO RAISE MONEY 

16-2301 (4717). Commissioners Not to Borrow Money Except as 
Herein Provided. The Board of County Commissioners must not bor- 
row money for any of the purposes mentioned in this title, or for any 
single purpose to an amount exceeding Ten Thousand Dollars, with- 
out the approval of a majority of the electors of the county, and with- 
out first having submitted the question of a loan to a vote of such 
electors; provided, that it shall not be necessary to submit to the 
electors the question of borrowing money to refund outstanding 
bonds, or for the purpose of enabling any county to liquidate its in- 
debtedness to another county incident to the creation of a new 
county or the change of any county boundary lines. 

16-2302 (4718). Commissioners to Determine Amount Necessary. 

Whenever it is necessary to submit to a vote of the electors of the 
county the question of making a loan, the Board must first determine 
the amount necessary to be raised. 

16-2303 (4719). Notice of Election to Be Given. Notice of the 
election, clearly stating the amount to be raised and the object of the 
loan, must be given, and the election held and conducted, and the 
returns made in all respects in the manner prescribed by law in re- 
gard to the submission of questions to the electors of a locality under 
the general election law. 



ELECTION LAWS OF MONTANA 123 

16-2304 (4720). Ballots— What to Contain. There must be writ- 
ten or printed on the ballots the words "For the loan" and "Against 
the loan," and in voting the elector must vote for the proposition he 
prefers by making an X opposite the proposition. 

16-2305 (4721). When Loan May Be Made. If a majority of the 
votes cast are in favor of the loan, then the Board may make the 
loan, issuing bonds, or otherwise, as may seem best for the interests 
of the county. 

16-2306 (4722). Form of Ballots— Voting. Hereafter whenever, 
in due course of law, in the manner and form required by law and ac- 
cording to the provisions and requirements of law, any question or 
proposition of or relating to bonded indebtedness, or of issuing bonds 
or of refunding, increasing, or creating a bonded indebtedness is 
submitted, ordered submitted, or to be submitted to the electors v of any 
county, at a general or other election, when, at the same time, candi- 
dates for National, State, or county office or offices are to be voted 
upon or for by the qualified electors of such county, such question or 
proposition relating to bonds or bonded indebtedness shall not be 
placed or printed upon the official ballots furnished electors at such 
election for the purpose of voting for candidates for any office or 
offices, and containing the names of candidates for office or offices 
to be voted for at such election, but the County Commissioners shall 
authorize, and the County Clerk shall have printed and furnished to 
election judges and officials in each voting precinct of such county, 
separate ballots therefor, equal in number to the official ballots so 
furnished, and containing the names of such candidates for office. 
Said separate ballots shall be white in color and of convenient size, 
being only large enough to contain the printing herein required to be 
done and placed thereon, and shall have printed thereon in fair- 
sized, legible type and black ink, in one line or more, as required, 
the words "For" said bonding proposition (stating it and the terms 
thereto explicitly and at length, and thereunder the words "Against" 
said bonding proposition (stating it and the terms thereof explicitly 
and at length in like manner, as above); and there shall be before the 
word "For" and before the word "Against," each, a square space of 
sufficient size to place a plain cross or X therein, and such arrange- 
ment shall be in this manner: 



For (stating propositions.) 



□ Against (stating propositions.) 



Such separate ballots shall be kept, stamped, given out, received, 
counted, returned, and disposed of by election judges in like manner 
as other offiical ballots herein referred to. Each qualified elector of- 
fering to vote and permitted to vote shall, at the time he is offered by 
the election judges an official ballot bearing the names of candidates 
for office, be handed one of the separate ballots above described, 
and he may then and there, in a booth as provided by law, and not 



124 ELECTION LAWS OF MONTANA 

otherwise, vote on such separate ballot for or against said proposition 
by placing a cross or X before the word "For" or the word "Against," 
in the vacant square provided therefor; and such separate ballot 
shall be returned to the election judges by the voter, with said other 
official ballot, if the voter chooses to vote for candidates for office and 
is entitled to do so. The election judges shall deposit said separate 
ballot on the bonding proposition, separate from the voter's other of- 
ficial ballot, in the ballot-box. 

CHAPTER 24 
COUNTY OFFICERS— QUALIFICATIONS— GENERAL PROVISIONS 

16-2401 (4723). General Qualifications for County Office. No 

person is eligible to a county office who at the time of his election is 
not of the age of twenty-one years, a citizen of the State, and an 
elector of the county in which the duties of the office are to be ex- 
ercised, or for which he is elected. 

16-2402 (4724). Same for District and Township Offices. No per- 
son is eligible to a district or township office who is not of the age of 
twenty-one years, a citizen of the State, and an elector of the district 
or township in which the duties of the office are to be exercised, or for 
which he is elected. 

16-2403 (4725). County Officers Enumerated. The officers of a 
county are: 

A Treasurer; 
A County Clerk; 
A Clerk of the District Court; 
A Sheriff; 

A County Auditor, except in the sixth, seventh, and eighth class 
counties; 

A County Attorney; 

A Surveyor; 

A Coroner; 

A Public Administrator; 

An Assessor; 

A County Superintendent of Common Schools; 

A Board of County Commissioners. 

16-2404 (4726). Township Officers. The officers of townships 
are two Justices of the Peace, two Constables, and such other inferior 
and subordinate officers as are provided for elsewhere in this Code, 
or by the Board of County Commissioners. 

Note: 16-2405 (4725) omitted as not bearing on Elections.) 

16-2406 (4728). County and Other Officers, When Elected and 
Term of Office. There shall be elected in each county the following 
county officers who shall possess the qualifications for suffrage pre- 
scribed by the constitution of the State of Montana, and such other 
qualifications as may be prescribed by law: 



ELECTION LAWS OF MONTANA 125 

One County Clerk who shall be Clerk of the Board of County 
Commissioners and ex-officio Recorder; one Sheriff; one Treasurer, 
who shall be collector of the taxes; provided, that the County Treas- 
urer shall not be eligible to his office for the succeeding term; one 
County Superintendent of Schools; one County Surveyor; one As- 
sessor; one Coroner; one Public Administrator. Persons elected to 
the different offices named in this section shall hold their respective 
offices for the term of four (4) years, and until their successors are 
elected and qualified. 

The County Attorneys, County Auditors, and all elective town- 
ship officers, must be elected at each general election as now pro- 
vided by law. The officers mentioned in this Act must take office 
on the first Monday of January next succeeding their election, except 
the County Treasurer, whose term begins on the first Monday of 
March next succeeding his election. 

Vacancies in all county, township and precinct offices, except 
that of County Commissioners, shall be filled by appointment by the 
Board of County Commissioners, and the appointee shall hold his 
office until the next general election; provided, however, that the 
Board of County Commissioners of any county may, in its discretion, 
consolidate any two or more of the within named offices and combine 
the powers and the duties of the said offices consolidated; however, 
the provisions hereof shall not be construed as allowing one (1) 
office incumbent to be entitled to the salaries and emoluments of two 
(2) or more offices; provided, further, that in consolidating county 
offices, the Board of County Commissioners shall, six (6) months prior 
to the general election held for the purpose of electing the aforesaid 
officers, make and enter an order, combining any two (2) or more 
of the within named offices, and shall cause the said order to be 
published in a newspaper, published and circulated generally in said 
county, for a period of six (6) weeks next following the date of entry 
of said order. 

16-2407 (4729). Election and Term of County Commissioners. 

The election and terms of office of County Commissioners are pro- 
vided for in the constitution. 

16-2408 (4730). District Judges and Justices of the Peace — Elec- 
tion and Term of Office. The election and terms of office of District 
Judges and Justices of the Peace are provided for in title 93 of this 
Code. 

CHAPTER 39 

COUNTY MANAGER FORM OF GOVERNMENT 

16-3901 (4954.1). County Manager Plan of Government May Be 
Adopted. Any county in the State is hereby authorized to adopt a 
county manager form of government as herein defined, and in ac- 
cordance with the procedure herein specified. 

16-3902 (495.2). Method of Adoption, (a) Upon a petition filed 
with the Board of County Commissioners signed by not less than 20 



126 ELECTION LAWS OF MONTANA 

per cent, of the whole number of voters who voted at the last general 
election asking that a referendum be held on the question of adopting 
the county manager form of government, it shall be the duty of the 
Board of County Commissioners to submit the question at the next 
regular election or call a special election for the purpose. If a special 
election is called it shall be held not more than ninety days nor less 
than sixty days from the filing of the petition, but not within thirty 
days of any general election. The question submitted shall be 
worded: 

"Shall the county manager form of government be adopted in 
County?" 



(b) It shall be the duty of the Board of County Commissioners 
to publish a notice of the referendum in a daily paper twice a week 
for a period of three consecutive weeks, or in case there is no daily 
paper of wide circulation in the county, then in a weekly paper for 
four consecutive weeks. 

(c) If a majority of the votes cast on the question at the election 
shall be in favor of the county manager form of government it shall 
go into effect at a date designated in the petition or resolution. Pro- 
vded: That no elected official then in office, whose position will no 
longer be filled by popular election, shall be retired prior to the ex- 
piration of his term of office, but that from and after the establishment 
of such form of government, his duties shall be such duties as are 
assigned to him by the County Manager. 

(Note: 16-3903 to 16-3922 omitted. Do not bear upon the Subject 
of Elections). 

16-3923 (4954.23). The Recall of County Commissioners. 

(1) One or more County Commissioners may be removed by the 
electors qualified to vote for a successor of such incumbent. A peti- 
tion of fifty-one per cent, of all qualified electors registered for the 
last general election, demanding the election of a successor to the 
person sought to be removed, shall be filed with the Director of 
Finance of the county, which petition shall contain a general state- 
ment of the grounds for which the removal is sought. The signa- 
tures to the petition need not be appended to one paper, but each 
signer shall add to his signature, his place of residence; one of the 
signers shall make oath before an officer, competent to administer 
oaths, that the statements therein are true, as he believes and that 
each signature to the paper appended is the genuine signature of the 
person it purports to be. 

(2) On the filing of a sufficient petition, the Director of Finance 
shall order and fix a date for holding said election, not less than 
seventy days nor more than eighty days from the date of filing of 
such petition. The Director of Finance shall cause to be made pub- 
lication of notice and all arrangements for holding of such election 
and the same shall be conducted and returned and the results thereof 
declared, in all respects and in the same manner as any other elec- 



ELECTION LAWS OF MONTANA 127 

tion. Nominations hereunder shall be made by filing with the Di- 
rector of Finance, at least thirty days prior to such special election, 
a statement of candidacy, accompanied by a petition signed by 
electors entitled to vote at such special election, equal in number to 
at least ten per cent, of the entire number of persons registered to 
vote at the last preceding general election. 

(3) The ballot for such special election shall be in substantially 
the following form: 

"OFFICIAL BALLOT 

Special election for the balance of the unexpired term of 

for 



(Vote for one only) 

(Name of candidate) 

(Name of present incumbent) 

(Official ballot attest) 

Signature 

Director of Finance." 

The successor of any officer so removed shall hold office during 
the unexpired term of his predecessor. 

(4) Any person sought to be removed may be a candidate to 
succeed himself and unless he requests otherwise in writing, the Di- 
rector of Finance shall place his name on the official ballot without 
nomination. In case of any such removal election, the candidate 
or candidates receiving the highest number of votes shall be de- 
clared elected. If the incumbent is not re-elected, he thereupon shall 
be deemed removed from the office, upon the qualification of his suc- 
cssor. If the incumbent receives the highest number of votes, or in 
case of a removal election for more than one commissioner, he or 
they receiving a sufficient number of votes so that his or their vote 
is the highest number for said office or offices of commissioner, he or 
they shall continue in office. The said method of removal shall be 
cumulative and additional to the methods herein provided by law. 

CHAPTER 40 

ABANDONMENT OF COUNTIES 

16-4001. Abandonment of Counties — How. The organization 
and corporate existence of any county organized under the laws of 
this State may be abandoned and abolished and the territory within 
its boundaries attached to and made a part of some adjoining county 
in the manner provided by this Act. 

16-4002. Petition for Abandonment of Counties — Procedure 
Thereon. 

(1) A petition may be filed with the County Clerk of a 
County, asking that the question of abandoning and abolishing the 
organization and corporate existence of such county and attaching 



128 ELECTION LAWS OF MONTANA 

its territory to and making the same a part of some adjoining county, 
be submitted to the qualified electors of such county at an election. 
Such petition shall state the name of the adjoining county to which 
the territory of such county, so to be abandoned and abolished, shall 
be attached and made a part; such petition shall be signed by not 
less than thirty-five per centum (35%) of the qualified electors of the 
county whose names appear upon the registration records of such 
county, shall contain the postoffice address and voting precinct of 
each person signing the same, and shall state the name and address 
of three persons to whom notice of the insufficiency of the petition 
shall be sent in the event that the petition shall not have the required 
number of signatures of qualified electors signed thereto. 

(2) It shall be the duty of the County Clerk, within thirty days 
after the filing of such petition to examine the same, to ascertain and 
determine from the registration records of the county whether such 
petition is signed by the required number of qualified electors. Such 
clerk may be authorized by the Board of County Commissioners to 
employ additional help in his office to assist him in the work of ex- 
amining such petition and such Board shall provide for their com- 
pensation. When such examination is completed said Clerk shall 
forthwith attach to such petition his certificate, properly dated and 
signed, showing the result of his examination, and if said certificate 
shows that said petition is signed by the required number of qualified 
electors, said Clerk shall immediately present said petition to the 
Board of County Commissioners, if such Board be then in session, 
otherwise at its first regular meeting after the date of such certificate. 
No person, after signing any such petition shall be allowed or per- 
mitted to withdraw his signature or name therefrom. 

16-4003. County Commissioners to Order Election — Notice — 
Publication. 

(1) Whenever any such petition is presented to the Board 
of County Commissioners of a county with a certificate of the 
County Clerk attached thereto, showing that said petition has been 
signed by not less than thirty-five per centum (35%) of the qualified 
electors of such county whose names appear upon the registration 
records of said county, as provided in Section 16-4002, said Board 
of County Commissioners shall immediately upon presentation of 
such petition, make and enter an order in its minutes fixing a day 
for considering and taking final action on said petition, which shall 
be not less than thirty (30) nor more than thirty-five (35) days after the 
date when said order is made, and shall cause a notice to be pub- 
lished in the official newspaper of the county to the effect that such 
petition has been presented to such Board asking for the abandon- 
ment and abolishment of the county and that said Board will meet at 
the time specified in said order for considering and taking final action 
on said petition, at which time any and all registered electors of the 
county interested therein may appear and be heard thereon. Such 
notice shall be published once a week for two (2) successive weeks 
immediately following the making of such order. 



ELECTION LAWS OF MONTANA 129 

(2) At any time prior to five (5) days before the date fixed for 
consideration and final action on such petition fifty per centum (50%) 
of the registered electors residing within a particular part or portion 
of such county, may file with the County Clerk of such county a peti- 
tion in writing signed by them praying that the part or portion of such 
county within which such petitioners reside shall not be attached to 
the county designated in the petition for abandonment but shall be 
attached to some other adjoining county, which petition shall def- 
initely, particularly and accurately describe the boundaries of such 
part or portion of said county which said petitioners desire to be at- 
tached to such other adjoining county and shall specify and name 
such other adjoining county to which such part or portion is to be at- 
tached if said county is abandoned and abolished. 

(3) Whenever any such petition is filed the County Clerk shall 
immediately examine the same and determine from the registration 
records of the county whether such petition has been signed by the 
required number of registered electors and shall attach thereto 
his certificate showing the total number of registered electors resid- 
ing within the boundaries described in said petition and the number 
thereof whose names appear on said petition, and shall deliver such 
petition with such certificate attached, to the Board of County Com- 
missioners when such Board meets to consider and take final action 
on such petition for abandonment, separate and independent peti- 
tions may be filed by registered electors residing within the bound- 
aries of separate and distinct and different parts or portions of such 
county, praying that the territory embraced within the boundaries de- 
scribed therein may be attached to and become parts of the same, 
or different adjoining counties, other than the county named and 
designated in the petition for abandonment, if said county is aban- 
doned. No person after signing any such petition shall be allowed 
or permitted to withdraw his signature or name therefrom. 

16-4004. Commissioners to Determine Sufficiency of Petition — 
Form of Resolution. On the day fixed by the Board for consideration 
and final action on such petition for abandonment the Board shall 
meet and examine and consider all petitions which may have been 
filed praying that particular parts or portions of said county, if 
abandoned, be attached to an adjoining county or counties, other 
than the county named in such petition for abandonment, and shall 
determine the sufficiency of each such petition filed, and shall enter 
its findings with regard thereto in its minutes, and said Board shall 
thereupon adopt a resolution, which shall be in writing and also 
entered in full in its minutes, and which shall be in substantially the 
following form: 

WHEREAS, there has been filed with the Clerk of (name) county 
Montana, a petition asking that the organization and corporate exist- 
ence of said county be abandoned and abolished and its territory at- 
tached to and made a part of an adjoining county, to-wit, the County 
of (name), Montana; 

AND WHEREAS, said petition has been presented to the Board 
of County Commissioners of (name) county, with a certificate of the 



130 ELECTION LAWS OF MONTANA 

Clerk of said county attached thereto showing that said petition has 
been signed by not less than thirty-five per centum (35%) of the 
registered electors of said county; 

(If any petition for attaching any part or portion of the county, in 
case of abandonment to an adjoining county or counties, other than 
the county named in the petition for abandonment, and found to have 
been signed by the required number of registered electors, insert the 
following for each petition). 

AND WHEREAS, there has been filed a petition signed by not 
less than fifty per centum (50%) of the registered electors residing 
within that part or portion of said county described as (give descrip- 
tion as contained in petition) praying that the part or portion of said 
county within such boundaries be attached to and made a part of 
the County of (name of county given in petition) if said county be 
abandoned; 

NOW THEREFORE BE IT RESOLVED, that if said (name) county 
shall be abandoned and abolished the territory embraced within its 
boundaries shall be attached to and become part of the following. 
(If all to be attached to one adjoining county so state, but if parts or 
portions to any other county or counties, then describe the part or 
portion to go to each adjoining county as well as to the county named 
in the petition for abandonment.) 

AND BE IT FURTHER RESOLVED, that the County Clerk of 
(name) county, Montana, make copies of this resolution, each with a 
copy of said petition for abandonment, with the signatures omitted 
therefrom (and copies of petitions for attaching parts or portions of 
said county to adjoining county or counties, other than the county 
named in the petition for abandonment, if any were filed and found 
sufficient, with signatures omitted) and certify to the same and affix 
the seal of the county thereto, and transmit one of said copies to 
the Governor of the State of Montana, and one of said copies to the 
Clerk of each county to which any part of said county is to be at- 
attached, if abandoned. 

Said resolution must be signed by the members of the Board of 
County Commissioners and the County Clerk must, within five (5) 
days thereafter, make the certified copies of said resolution, with 
copy of petition or petitions attached, and transmit one copy to the 
Governor of the State of Montana and one copy to the County Clerk 
of each county to which any part or portion of said county is to be 
tached, if abandoned. 

16-4005. Governor to Call Special Election — Proclamation. 

Upon receipt of a certified copy of the resolution provided for in Sec- 
tion 16-4004, the Governor shall, within ten days thereafter, issue his 
proclamation calling a special election in the county in which the 
petition referred to in said resolution was filed, and in each county 
designated in such resolution as a county to which any of the ter- 
ritory of such county, if abandoned and abolished, shall be attached 
and made a part, at which election there shall be submitted to the 



ELECTION LAWS OF MONTANA 131 

qualiifed electors of the county in which such petition was filed the 
question of whether or not such county shall be abandoned and 
abolished and its territory attached to and made a part of the county 
designated and named for such purpose in said petition, and at 
which election there shall be submitted to the qualified electors of 
each county named and designated in such resolution as a county 
to which a part of the territory of the county, proposed to be aban- 
doned and abolished, shall be attached and made a part, if such 
county shall be so abandoned and abolished, the question of whether 
or not such part of the territory of such county, if abandoned and 
abolished, described in such resolution, shall be attached to and be- 
come a part of such county. Such proclamation shall fix a day for 
holding such election in such counties, which shall be not less than 
ninety days nor more than one hundred and twenty days after the 
date of the date of the Governor's proclamation calling the same; 
provided that if a general election will be held in said counties with- 
in one hundred and twenty days after the date of such proclamation, 
the Governor, in such proclamation, shall direct that such question 
be submitted to the qualified electors of said counties at such general 
election. Such proclamation shall be filed in the office of the Secre- 
tary of State and copies thereof shall be transmitted by the Goveronr 
to the County Clerk of each of the counties in which such election 
is to be held. 

16-4006. County Commissioners to Proclaim Election — Question 
Submitted. The County Clerk of each of such counties after receiv- 
ing a copy of such election proclamation shall present the same to 
the Board of County Commissioners, if such Board is then in session, 
and if not in session, then at the first meeting thereof held after such 
clerk has received the same, and the Board of County Commission- 
ers of each of such counties shall issue such proclamations and give 
such notices of election as are required by the general laws of this 
State when questions are to be submitted to the qualified electors 
of a county at an election and which proclamation and notices shall 
include a description of the boundaries of that part of the county pro- 
posed to be abandoned and to be attached to and made a part of 
such county, if said county be abandoned, and the County Clerk of 
each of such counties shall give notice of the closing of the registra- 
tion books and shall cause the same to be closed at the time and in 
the manner provided by the general registration and election laws 
of this State. 

16-4007. Question To Be Submitted. At such election the ques- 
tion to be submitted to the qualified electors of the county in which 
said petition was filed shall be as follows: 

□ For the abandonment and abolishment of the county of 
(name) and attaching the territory within its boundaries 
to and making the same a part of the county or counties 
of (name). 

□ Against the abandonment and abolishment of the 
county of (name) and attaching the territory within its 
boundaries to and making the same a part of the county 
or counties of (name). 



132 ELECTION LAWS OF MONTANA 

And the question to be submitted to the qualified electors of the 
counties, designated in the resolution as the county or counties to 
which the territory of the county proposed to be abandoned and 
abolished, is to be attached and made a part, shall be as follows: 

□ For attaching to and making a part of the county of 
(name) a part of the territory within the boundaries of 
the county of (name) if the same is abandoned and 
abolished. 



Against attaching to and making a part of the county of 
(name) a part of the territory within the boundaries of 
the county of (name) if the same is abandoned and 
abolished. 

Said election shall be held, voted, counted and returns made and 
canvassed in the manner provided by the general election laws of 
this State. 

16-4008). Commissioners to Canvass Returns — Governor to 
Proclaim Result. The Board of County Commissioners of each coun- 
ty, acting as a canvassing board, must within ten (10) days after the 
holding of such election canvass the returns of such election, and 
within five (5) days thereafter the Clerk of each such county must 
make and enter in the records of said Board a statement of the vote 
in such county and transmiit to the Secretary of State, by registered 
mail, an abstract thereto, which shall be marked "Election Returns." 
Within ten (10) days after receiving such abstracts from all counties 
in which such election was held, and on notice from the Secretary 
of State, the Board of State Canvassers shall meet and canvass, com- 
pute and determine the vote, and the Secretary of State, as secretary 
of such Board must make and file in his office a statement thereof 
and transmit a copy thereof to the Governor. Upon receipt of such 
copy the Governor shall issue a proclamation declaring the result 
of such election and shall file a copy of such proclamation in the 
office of the Secretary of State and transmit a copy of such procla- 
mation to the County Clerk of each of the counites in which such elec- 
tion was held, and each such County Clerk shall file the same in his 
office and present the same to the Board of County Commissioners of 
his county, if such Board is then in session, otherwise at the first 
meeting of the Board after the same has been received by such Clerk. 

16-4009. Result of Election Determines Abandonment. If, at 

such election a majority of the votes cast in the county in which such 
petition was filed shall be cast in favor of the abandonment and 
abolishment of such county, and a majority of the votes cast in the 
county, designated in the petition for abandonment as the county 
to which the territory of the abandoned county shall be attached, 
shall be in favor thereof, then the organization and political and cor- 
porate existence of the county in which such petition for abandon- 
ment was filed shall cease and terminate and said county shall be 
abandoned and abolished and disincorporated and cease to exist 
and its territory shall be attached to and become a part of the coun- 
ties designated in the resolution adopted under Section 16-4004, and 



ELECTION LAWS OF MONTANA 133 

the term of office of each of the officers thereof, and of the members 
of the Board of County Commissioners thereof, and of its Senator and 
Representative in the Legislative Assembly shall cease and terminate 
at twelve (12:00) o'clock midnight on the thirtieth day of June im- 
mediately following; provided that if at any such election a majority 
of the votes cast in any adjoining county named in the resolution 
adopted under Section 16-4004, other than the county designated in 
the petition for abandonment as the county to which the territory of 
the abandoned county shall attach, shall be against the attaching of 
any portion of the territory of the abandoned county to such adjoin- 
ing county, then such portion of such territory described in said reso- 
lution shall be attached and become a part of the county designated 
in such resolution for abandonment as the county to which the ter- 
ritory of the abandoned county shall attach. 

CHAPTER 1 

ELECTIONS 

TIME OF HOLDING ELECTIONS — PROCLAMATIONS 

23-101 (531). General Elections, When to Be Held. There must 
be held throughout the State, on the first Tuesday after the first 
Monday of November, in the year eighteen hundred and ninety-four, 
and in every second year thereafter, an election to be known as the 
general election. 

23-102 (532). Special Elections — Purpose and Calling. Special 
elections are such as are held to supply vacancies in any office, 
and are held at such times as may be designated by the proper 
officer or authority. The Board of County Commissioners shall be au- 
thorized to call a special election at any time for the purpose of sub- 
mitting to the qualified electors of the county a proposition to raise 
money for any public improvement desired to be made in the county. 

23-103 (533). Election Proclamations by the Governor. At least 
sixty days before a general election, and whenever he orders a spe- 
cial election to fill a vacancy in the office of State Senator or member 
of the House of Representatives, at least ten days before such special 
election, the Governor must issue an election proclamation, under his 
hand and the great seal of the State, and transmit copies thereof to 
the Board of Commissioners of the counties in which such elections 
are to be held. 

23-104 (534). Governor's Proclamation, Contents. Such procla- 
mation must contain: 

1. A statement of the time of election, and the offices to be filled. 

2. An offer of rewards in the following form: "And I do hereby 
offer a reward of one hundred dollars for the arrest and conviction of 
any person violating any of the provisions of Sections 94-1401 to 
94-1426. Such rewards to be paid until the total amount hereafter 
expended for the purpose reaches the sum of five thousand dollars." 



134 ELECTION LAWS OF MONTANA 

23-105 (535). Publication and Posting by County Commission- 
ers. The Board of County Commissioners, upon the receipt of such 
proclamation, may, in the case of general or special elections, cause 
a copy of the same to be published in some newspaper printed in 
the county, if any, and to be posted at each place of election at least 
ten days before the election; and in case of special elections to fill a 
vacancy in the office of State Senator or Member of the House of 
Reprsentatives, the Board of County Commissioners, upon receipt of 
such proclamation, may in their discretion, cause a copy of the same 
to be published or posted as hereinbefore provided, except that such 
publication or posting need not be made for a longer period than five 
days before such election. 

23-106 (535). Election Proclamation by County Commissioners. 

Whenever a special election is ordered by the Board of County 
Commissioners, they must issue an election proclamation, containing 
the statement provided for in Subdivision 1 of Section 23-104, and 
must publish and post it in the same manner as proclamations is- 
sued by the Governor. 

CHAPTER 2 

PUBLICATION OF QUESTIONS SUBMITTED TO 
POPULAR VOTE 

23-201 (537.1). Publication and Printing of Amendments to Con- 
stitution. Whenever a proposed constitutional amendment or amend- 
ments are submitted to the people of the State for popular vote, the 
Secretary of State shall cause the said proposed amendment or 
amendments to be published in full once a week in one newspaper 
in each county of the State, if such there be, for three (3) months pre- 
vious to the next general election for members of the Legislative 
Assembly. Such publication shall not be had in more than one paper 
in any one county in the State. 

The Secretary of State shall also cause to be printed a pamphlet 
containing a true and exact copy of the proposed amendment or 
amendments, and a true and exact copy of the existing constitu- 
tional provisions if the proposed constitutional amendment or amend- 
ments is or are a revision of an existing amendment or amendments, 
and the amendment or amendments in the form in which it or they 
will be printed on the official ballot. The said proposed amendment 
or amendments, printed as herein provided, shall then be distributed 
as provided in Section 37-107. The cost of publication of said amend- 
ment or amendments, and the cost of printing said pamphlet or 
phamphlets shall be a proper charge against the State at the rate, as 
provided for in the statutes for State printing. 

23-202 (538). Advertisement of Questions to Be Submitted. 

Questions to be submitted to the people of the county or municipality 
must be advertised by publication in at least one newspaper within 
the county or municipality, once a week for two successive weeks, 
and one of such publications in such newspaper must be upon the 
last day upon which such newspaper is issued before the election. 






ELECTION LAWS OF MONTANA 135 

CHAPTER 3 

QUALIFICATION AND PRIVILEGES OF ELECTORS 

23-301 (539). Elections to Be by Ballot. All elections by the 
people shall be by ballot. 

23-302 (540). Qualifications of Voters. Every person of the age 
of twenty-one years or over, possessing the following qualifications, 
if his name is registered as required by law, is entitled to vote at all 
general and special elections and for all officers that now are, or here- 
after may be, elective by the people, and upon all questions which 
may be submitted to the vote of the people: First, he must be a 
citizen of the United States; second, he must have resided in the State 
one year and in the county thirty days immediately preceding the 
election at which he offers to vote. No person convicted of felony 
has the right to vote unless he has been pardoned. Nothing in this 
section contained shall be construed to deprive any person of the 
right to vote who had such right at the time of the adoption of the 
State Constitution. After the expiration of five years from the time 
of the adoption of the State Constitution, no persons except citizens of 
the United States have a right to vote. 

23-303. Qualifications of Electors at Elections on Incurring State 
Indebtedness. At all elections at which the question submitted is the 
incurring of a State debt, the issuance of bonds or debentures by the 
State, other than refunding bonds or debentures, or the levying of a 
State tax for any purpose, only registered electors residing within 
the State and who are taxpayers upon property therein and whose 
names appear upon the last completed assessment roll of some 
county of the State for State, county and school district taxes, shall be 
qualified to vote on such question. Whenever any such question is 
to be submitted at an election, other than a general biennial State 
election, the County Clerk of each county must cause to be pub- 
lished one time in the offiical newspaper of the county a notice, 
signed by him, stating that registration will close at noon on the 
thirtieth day prior to the date for the holding of the election at which 
the question is to be submitted, unless the act providing for the sub- 
mission of the question shall fix a different time for the giving of such 
notice and at that time registration shall be closed. Such notice shall 
be published at least ten (10) days prior to the date when registra- 
tion will be closed, unless the act providing for the submission of the 
question shall fix a different time for such closing of registration. 
Provided, that if the question is to be submitted at a general biennial 
State election then such notice of the closing or registration and the 
closing of registration shall be controlled and governed by the laws 
applying to the giving of such notice and closing of registration for 
such general biennial election. 

LISTS AND POLL BOOKS 

23-304. After the closing of registration the county clerk of each 
county shall promptly prepare lists of registered electors of all voting 



136 ELECTION LAWS OF MONTANA 

precincts in his county. He shall also prepare the poll book for each 
precinct in the manner provided by Section 568, Revised Codes of 
Montana, 1935, and deliver the same to the judges of election prior to 
the opening of the polls. In preparing poll books it shall not be 
necessary for the county clerk to make separate poll books con- 
taining only the names of electors who are qualified to vote on the 
question of the incurring of a state debt, the issuance of bonds or 
debentures by the State or the levying of a state tax. In lieu of pre- 
paring such a list of electors qualified to vote on such question, the 
county clerk shall stamp the word "TAXPAYER" on the poll book op- 
posite the name of each qualified elector who is a taxpayer and en- 
titled to vote upon any of the questions hereinbefore indicated. No 
other showing shall be required to establish that such elector is in fact 
a taxpayer and entitled to vote as such. 

All of the laws of this State applying to the holding of general 
biennial state elections, insofar as the same are applicable thereto 
and not in conflict with any of the provisions of this Act, shall apply 
to, and govern and control such election and the canvassing and re- 
turn of the votes cast on such question at such election; and ab- 
stracts made by the several county clerks shall be returned to the 
Secretary of State in the manner provided by Sections 23-1812 and 
23-1813, for the abstract of votes for state officers." 

As amended by Chapter 92, Laws of 1949. 

23-305. Duties of Secretary of State and County Clerk. When any 
such law is to be submitted at a general biennial election, all of the 
provisions of Section 37-107, prescribing the duties of the Secretary of 
State and County Clerk where any such law is to be submitted at a 
General Biennial Election, all of the provisions of Section 37-107, pre- 
scribing the duties of the Secretary of State and County Clerks, shall 
apply to and govern and control the printing and distribution of 
copies of such law. 

23-306. Repealing Clause — Exception. All Acts and parts of 
Acts in conflict herewith are hereby repealed; provided, however, 
that nothing in this Act shall be deemed to repeal Section 23-307. 

23-307. Qualification of Electors on Elections Concerning State 
Tax Levy or Debt. Whenever any question is submitted at any elec- 
tion concerning the creation of any tax levy for the state or the 
creation of any debt or liability on the part of the state, all qualified 
electors who are registered and whose names appear upon the last 
completed assessment roll of any county preceding such election, 
shall be entitled to vote thereon. If any elector shall be regis- 
tered in any county and the name of such elector does not ap- 
pear on such last completed assessment roll for such county, 
but does appear on the last completed assessment roll for any other 
county in the state, such elector shall be entitled to vote on any such 
question in the precinct in which he is registered, if he shall present 
to the County Clerk and Recorder before the close of registration of 
the election in which he wishes to vote, either a receipt from the 



ELECTION LAWS OF MONTANA 137 

treasurer of the county in which his property is assessed on such 
assessment roll showing the payment of the taxes computed against 
such assessment, or a certificate from the treasurer of such county 
certifying that such elector is assessed with property on such assess- 
ment roll but that the taxes had not been paid at the time of the is- 
suance of such certificate. Every such certificate issued by a county 
treasurer shall be dated, numbered, give the name of the elector, a 
brief description of the property assessed to him, with the amount 
of the taxes thereon, and must be signed by such county treasurer, 
and such treasurer must keep a duplicate thereof on file in his office. 
Whenever any such tax receipt or treasurer's certificate is presented 
by a registered elector to the county clerk and recorder he shall enter 
his name in the poll book of electors entitled to vote on such question, 
and there shall be entered therein the date and number of the tax 
receipt or certificate, the county in which issued and a description of 
the property assessed to the elector and amount of taxes against the 
same, as contained in such receipt or certificate, and such elector 
shall thereupon be given the proper ballot and shall vote the same 
in exactly the manner as though his name appeared on such assess- 
ment roll for such county. 

23-308 (541). Privilege from Arrest. Electors must in all cases, 
except treason, felony, or breach of the peace, be privileged from ar- 
rest during their attendance at elections, and in going to and return- 
ing therefrom. 

23-309 (542). Exempt from Military Duty on Election Day. No 

elector is required to perform military duty on the days of election, 
except in times of war or public danger. 

23-310 (543). Idiot or Insane. No idiot or insane person is en- 
titled to vote at any election in this State. 

23-311 (544). Who Are Taxpayers. The payment of a tax upon 
property by any person assessed therefor on a county or city assess- 
ment roll next preceding the election at which a question is to be 
submitted to the vote of the taxpayers of the State, or to the vote of 
the taxpayers of such county or city, or any subdivision thereof, con- 
stitutes such person a taxpayer at such election. 

CHAPTER 4 
ELECTION PRECINCTS 

23-40 1 (545). Establishment of Election Precincts. The territorial 
unit for the conduct of elections shall be the election precinct. The 
Board of County Commissioners of each county shall establish a 
convenient number of election precincts therein having reference to 
equalizing the number of electors in the several precincts as nearly 
as possible. Precinct boundaries shall conform to the wards of in- 
corporated cities of the first, second and third class and to the boun- 
daries of school districts of the first class only, provided that any 
ward or school district may be divided into two or more precincts 
and any precinct may be divided into two or more polling places. 



138 ELECTION LAWS OF MONTANA 

In towns, or municipal corporations other than the cities of the first, 
second and third class, election precincts may, however, include two 
or more wards, or may comprise the territory included by one or 
more wards, together with contiguous territory lying outside the said 
incorporated towns. 

23-402 (546). Change in Boundaries of Precinct. The Board of 
County Commissioners may change the boundaries of precincts and 
create new or consolidate established precincts, but no precinct shall 
be changed or created between the first day of January and the first 
day of December in any year during which a general election is to 
be held within the State of Montana. All changes, alterations, or 
modifications in precinct boundaries must be certified to the County 
Clerk within three days after the order making same shall have been 
made. All election precincts shall be designated by numbers but 
may also be designated by distinctive names in addition to such 
numbers. 

23-403 (547). City Council to Certify Ward Boundaries. The city 
council of all incorporated cities and towns within the State of Mon- 
tana shall certify to the County Clerk and exofficio Registrar of the 
county within which such city or town is situated, a description of the 
boundaries of the several wards within such city or town, and in like 
manner shall certify any changes or alterations in such boundaries 
that may from time to time be made, within ten days after the same 
are made. 

23-404 (548). County Surveyor to Make Map of Precincts. The 

County Surveyor of each county must, within ten days after the 
Board of County Commissioners shall have established or changed 
the boundaries of any election precincts within such county, deliver 
to the County Clerk of the county a map correctly showing the boun- 
daries of all precincts and school districts within the county as then 
existing. 

23-405 (549). City Council to Prepare Map of Wards. The city 

council of any incorporated city or town shall, within ten days after 
the ward lines of such city or town shall have been established or 
changed, deliver or cause to be delivered to the County Clerk of said 
county a map correctly showing the boundaries of the wards within 
such city or town as then existing; such map shall also show all 
streets, avenues, and alleys by name, and the respective wards by 
numbers, with the ward boundaries clearly defined thereon. 

23-406 (550). Board to Designate Place in Precinct for Holding 
Elections. The Board must, at the session at which judges of election 
are appointed, make an order designating the house or place within 
the precinct where the election must be held. 

23-407 (551). Proceedings Where Place Not Designated, etc. If 

the Board fails to designate the house or place for holding the elec- 
tion, or if it cannot be held at the house or place designated, the 
judges of election, or a majority of those acting as such in the precinct 
must, two days before the elecion and by order, under their hand 



ELECTION LAWS Of MONTANA 13$ 

(copies of which they must at once post in three public places in the 
precinct), designate the house or place. 

CHAPTER 5 

REGISTRATION OF ELECTORS 

23-501 (553). County Clerk as County Registrar. The County 
Clerk of each county of the State of Montana is hereby declared to be 
exofficio County Registrar of such county, and shall perform all acts 
and duties in this Act provided without extra pay or compensation 
therefor. He shall have the custody of all registration books, cards, 
and papers herein provided for, and the register hereinafter provided 
for to be kept by said County Clerk is hereby declared to be an of- 
ficial record of the office of the County Clerk of each county. 

23-502 (554). Registry Book and Card Index— Affidavit of Voter 
— Lost Naturalization Papers. The official register of electors in each 
county shall be contained in a book designated "register," which 
book shall be so arranged in precincts and alphabetical divisions 
suitable to record the full and complete information given by each 
elector, and a card index of which the County Clerk of such county 
shall at all times have the custody. The cards shall be four by six 
inches in size, of white calendar stock, and shall be so perforated that 
all cards in any drawer may be fastened in by a rod passing through 
such perforations, which rod shall be kept locked except when the 
Clerk shall be making necessary changes in the register. The regis- 
try book herein provided shall be in such form as shall be designated 
by the Secretary of State of the State of Montana. The registry card 
shall be substantially in the following form: 

(FACE) 
STATE OF MONTANA, 

County of- 



Number Date 


Name 


Sex 


Where born Age 


Height 
Ft.-In. 


Occupation 


Naturalized when 




Where 


Residence Post Office 


Sec. 


Twp. Rg. 


Length of time in Precinct 


Ward 


School Dist. 


State County 




City 


Date cancelled Date registered 


Disability, if any 


Place where last registered 







146 ELECTION LAWS OF MONTANA 

STATE OF MONTANA, | 

>ss. 

County of ) 

, being duly sworn says: 

I am the elector whose name appears on the face of this card; the 
several statements thereon contained affecting my qualifications as 
an elector are true; I am able to mark my ballot (or I am unable to 
mark my ballot by reason of the physical disabilities on this card 
specified), and I am not registered elsewhere within the State of 
Montana and claim no right to vote elsewhere than in the precinct on 
this card specified, so help me God. 

Subscribed and sworn to before me this day of 

19 

County Clerk and Ex-Officio Registrar. 
By Deputy 

(BACK) 

AFFIDAVIT OF LOST NATURALIZATION PAPERS 

STATE OF MONTANA, ) 

> ss. 

County of ) 

, being duly sworn on 

oath, says: 

I am the elector named on the face of this card; I am a natural- 
ized citizen of the United States; my certificate of naturalization is lost 
or destroyed, or beyond my present reach, and I have no certified 

copy thereof; I came to the United States in the year ; I was 

admitted to citizenship in the state (or territory) of . 

county of , by the court 

during the year ; I last say my certificate of naturaliza- 
tion, or a certified copy thereof, at 



Subscribed and sworn to before me this day of 

19 



County Clerk and Ex-Officio Registrar. 
By Deputy. 



23-503 (555). Method of Registering. Any elector residing with- 
in the county may register by appearing before the County Clerk and 
exofficio Registrar and making correct answers to all questions pro- 
pounded by the County Clerk touching the items of information called 
for by such registry card, and by signing and verifying the affidavit or 
affidavits on the back of such card. 

If any person shall falsely personate another and procure the 
person so personated to be registered, or if any person shall represent 



ELECTION LAWS OF MONTANA 141 

his name to the County Clerk or to the registration clerk or to any- 
other person qualified to register an elector, to be different from what 
it actually is, and cause such name to be registered, or if any person 
shall cause any name to be placed upon the registry lists otherwise 
than in the manner provided in this Act, he shall be guilty of a felony, 
and upon conviction be imprisoned in the state penitentiary for not 
less than one (1) nor more than three (3) years. 

23-504 (556). Elector Infirm or Residing at a Distance. If any 

elector resides more than ten miles distant from the office of the 
County Clerk, he may register before the deputy registrar within the 
precinct where such elector resides. If by reason of physical infirm- 
ity the elector is unable to appear before the County Clerk or any 
deputy registrar, he may send written notice to the County Clerk or 
to the deputy registrar of such disability, with the request that his 
registration be made at his residence. Upon receipt of such notice 
and request it shall be the duty of the County Clerk or deputy regis- 
trar, as the case may be, to make the registration of such elector at 
his residence; provided, that no greater sum than twenty-five cents 
may be charged or received by any officer or person for taking the 
registration of the elector herein provided for; and provided further, 
that no officer or person shall be entitled to receive from any county 
in the State of Montana any charge for expenses incured by reason of 
the provisions of this section. 

23-505 (557). Notaries and Justices of the Peace — Deputy Regis- 
trars — Compensation. All notaries public and justices of the peace 
are designated as deputy registrars in the county in which they 
reside, and may register electors residing more than ten (10) miles 
from the county courthouse in any precinct within the county and 
shall receive as compensation for their services the sum of twenty- 
five (25) cents for each elector registered by them. The County Com- 
missioners shall appoint a deputy registrar, other than notaries pub- 
lic and justices of the peace, for each precinct in the county. Such 
deputy registrar shall be a qualified, taxpaying resident elector 
in the precinct for which he is appointed and shall register electors 
in that precinct, and shall receive as compensation for his services 
the sum of twenty-five (25) cents for each elector registered by him. 
Each deputy registrar shall forward by mail, within two (2) days, all 
registration cards filled out by him to the County Clerk and Recorder. 

23-506. Penalty for Violation of Act. Any person who shall 
make false answers, either for himself or another, or shall violate or 
attempt to violate any of the provisions of this Act, or knowingly en- 
courage another to violate the same, or any public officer or officers, 
employees, deputies, or assistants, or other persons whomsoever, 
upon whom any duty is imposed by this Act, or any of its pro- 
visions, who shall neglect such duty, or mutilate, destroy, secrete, 
alter or change any such registry books, cards or records required, or 
shall perform it in such way as to hinder the objects and purposes 
of this Act, shall be deemed guilty of a felony, shall, upon conviction 
thereof, be punished by imprisonment in the state prison for a period 
of not less than one (1) year or more than ten (10) years, and if such 



142 ELECTION LAWS OF MONTANA 

person be a public officer, shall also forfeit his office, and never be 
qualified to hold public office, either elective or appointive, thereafter. 

23-507 (558). Hours of Registration— Registry Cards — Duty of 
Clerk. The office of the County Clerk shall be open for registration 
of voters between the hours of nine a. m. and five p. m. on all days 
except legal holidays. Registry cards shall be numbered consecu- 
tively in the order of their receipt at the office of the County Cleric- 
provided, however, that electors who are registered upon the registry 
books in use in any county prior to the passage and approval of this 
law shall retain upon their registry cards the same number as they 
have severally had upon such books; and provided also that such 
electors need not again appear at the office of the County Clerk 
to register, but the County Clerk is hereby authorized to fill out from 
such registry books registry cards for all electors entitled to vote at 
the time of the passage and approval of this law, transcribing from 
such books the data called for by such cards. The cards so filled out 
from the registry books shall be marked "transcribed" by the County 
Clerk, and shall constitute part of the official register, and shall 
entitle the elector represented by each such card to vote in the 
same manner as if the card has been filled out, signed and verified 
by such elector. The County Clerk shall classify registry cards ac- 
cording to the precincts in which the several electors reside, and 
shall arrange the cards in each precinct in alphabetical order. The 
cards for each precinct shall be kept in a separate filing case or 
drawer which shall be marked with the number of the precinct. 
The County Clerk shall, immediately after filling out the card index 
or registry cards as herein provided, enter upon the official register 
of the county in the proper precinct the full information given by said 
elector. 

23-508 (559). Procedure When Applicant Not Qualified at Time 
of Registration. If any applicant for registration applies to be regis- 
tered who has not resided within the State of Montana, or the county 
or city, for the required length of time, and who shall be entitled to 
and is qualified to register on or before the day of election, provided 
he answers the question of the County Clerk in a satisfactory man- 
ner, and it is made to appear to the County Clerk that he will be en- 
titled to become a qualified elector by the date upon which the elec- 
tion is to be held, the County Clerk shall accept such registration. If 
any person applies to be registered who is not a citizen of the United 
States, but states that he will be qualiifed to be registered as a citizen 
of the United States before the date upon which the election is to be 
held, the County Clerk shall accept such registration, but shall place 
opposite the name of such person the words, "to be challenged for 
want of naturalization papers," and such person shall not be entitled 
to vote unless he exhibits to the judges of election his final naturaliza- 
tion papers. 

23-509 (560). Transfer of Registration Within County. Every 
elector, on changing his residence from one precinct to another with- 
in the same county, may cause his registry card to be transferred to 






ELECTION LAWS OF MONTANA 143 

the register of the precinct of his new residence, by a request in writ- 
ing to the County Clerk of such county, in the following form: 

I, the undersigned, elector, having changed my residence from 

Precinct No to Precinct No ' in the County of 

, State of Montana, herewith make application 

to have my registry card transferred to the precinct register of the 
precinct of my present residence. My registration number is 



Dated at , on the day of 

Whenever it shall be more convenient for any elector residing 
outside of an incorporated city or town to vote in another precinct in 
the same political township in the county, such elector may cause his 
registry card to be transferred from the precinct of his residence to 
such other precinct, by filing in the office of the County Clerk of such 
county, at least thirty days prior to any election, a request in writing 
in the following form: 

I, the undersigned elector, herewith make application to have my 

registry card transferred from Precinct No , to the register of 

Precinct No ( in the County of , State of 

Montana. The reason why it is more convenient for one to vote in 
said Precinct No is that 

Dated at on the day of 

The County Clerk shall compare the signature of the elector 
upon such request in either case, with the signature upon the registry 
card of the elector as indicated, and may question the elector as to 
any of the information contained upon such registry card, and if the 
County Clerk is satisfied concerning the identity of the elector and his 
right to have such transfer made, he shall endorse upon the registry 
card of such elector the date of the transfer and the precinct to which 
transferred, and shall file said card in the register of the precinct of 
the elector's present residence, or of the precinct to which he has re- 
quested that his registry card be transferred, and the County Clerk 
shall in each case make a transfer of the elector's name, together 
with all data connected therewith, to the proper precinct in the 
register. 

23-510 (561). Inquiry as to Previous Registrations — Procedure. 

That in the case of all future registrations, as required by the elec- 
tion laws of the State of Montana, it shall be the duty of the Clerk to 
question each person registering., and ascertain whether or not he 
has previously registered in the State of Montana. If the person 
desiring to register has previously registered, the County Clerk shall 
enter his name in a separate file for such purpose, which said file 
shall be indexed by counties. Cards for such purpose shall be sub- 
stantially in the following form: 



144 ELECTION LAWS OF MONTANA 

NAME RESIDENCE 

(city) (county) 

BIRTHPLACE AGE 

PREVIOUS RESIDENCE ........... 

(city) (county) 

In compliance with the election laws of the State of Montana, I 
am hereby submitting, for your information, the above named elector, 

who has, on , 19 , registered as a resident 

entitled to vote in county, in 

order that his registration may be cancelled from the records in 

county, as provided by the election laws 

of the State of Montana. 
Signature of elector: 



Clerk and Recorder 
Ex-Officio Registrar. 



County 

Immediately, and not later than three (3) days after the closing 
of the registration books, the Clerk shall forward the above forms to 
the Clerk in the county in which applicant previously voted, either 
by registered mail or express, and receipt of delivery demanded, said 
receipt to be kept on file with other election records. 

Upon receiving such notice, it will be the duty of the Clerk to im- 
mediately cancel the registration of the elector in his county, being 
the county in which said elector previously voted. This must be done 
by drawing a red line through the elector's name in the register, and 
also through his name on the registration card. 

23-511 (562). Cancellation of Registry for Failure to Vote — Re- 
Registration — Exception of Persons in Military Service. Immediately 
after every general election, the County Clerk of each county shall 
compare the list of electors who have voted at such election in each 
precinct, as shown by the official poll books, with the official register 
of said precinct, and he shall remove from the official register herein 
provided for the registry cards of all electors who have failed to 
vote at such election, and shall mark each of said cards with the 
word "cancelled", and shall place such cancelled cards for the entire 
county in alphabetical order in a separate drawer to be known as the 
"cancelled file"; but any elector whose card is thus removed from the 
official register may re-register in the same manner as his original 
registration was made, and the registration card of any elector who 
thus re-registers shall be filed by the County Clerk in the official 
register in the same manner as original registration cards are filed. 
The County Clerk shall, at the same time, cancel, by drawing a red 
line through the entry thereof, the name of all such electors who have 
failed to vote at such election. 

In the case of any elector who, by reason of his or her active 
service in the land or naval forces of the United States, including the 



ELECTION LAWS OF MONTANA 145 

members of the army nurse corps, the navy nurse corps, the women's 
navy reserve, the women's army auxiliary corps, and such other 
branches of the land and naval forces as may be organized hereafter 
by the government of the United States, shall fail to vote, his or her 
registry card shall not be cancelled, provided that, prior to close of 
registration before any election to be held in the State of Montana, at 
least two (2) registered electors of the county in which such elector 
serving in the land or naval forces of the United States, including 
those persons actually engaged in the service of the American Na- 
tional Red Cross Association, or the United Service Organizations or 
any similar organizations auxiliary to the land and naval forces, 
recognized by the government of the United States was registered at 
the time of such election furnish the County Clerk with an affidavit 
or affidavits, setting forth the affiants are personally acquainted with 
such elector and are informed and have reason to believe such elector 
was engaged in active service in the land of naval forces of the United 
States, including members of the army nurse corps, the navy nurse 
corps ,the women's navy reserve, the women's army auxiliary corps, 
and such other branches of the land and naval forces as may be or- 
ganized hereafter by the government of the United States also includ- 
ing persons engaged in the actual service of the American National 
Red Cross Association, or the United Service Organizations or any 
similar organizations auxiliary to the land and naval forces, recog- 
nized by the government of the United States on the day of such 
election and his residence is still within the county where he is regis- 
tered; provided further, however, this shall not apply to those regis- 
tration cards which have been cancelled for any of the causes desig- 
nated under Section 23-518. 

23-512. Withdrawal from Cancellation of Registration Cards of 
Persons in Military Service. It shall be the duty of the County Clerk 
of each county, on or before the close of registration before any elec- 
tion to be held in the State of Montana following the general election 
held in November of 1942, to withdraw from the "cancelled file" the 
registration card of any person serving in the land or naval forces 
of the United States, including the members of the army nurse corps, 
the navy nurse corps, the women's navy reserve, and the women's 
army auxiliary corps, and such other branches of the land and naval 
forces as may be organized hereafter by the government of the United 
States including persons engaged in the actual service of the Ameri- 
can National Red Cross Association, or the United Services Organiza- 
tions or any similar organization auxiliary to the land and naval 
forces recognized by the government of the United States whose 
registry card has been removed from the official register since the 
date of the general election held in November of 1942, and return 
such card to the official register and enter the name of such elector 
upon the proper registration rolls, provided that — on or before the 
close of registration before any election to be held in the State of 
Montana following the general election held in November of 1942 
— the County Clerk is furnished an affidavit or affidavits by at least 
two (2) registered electors of the county in which such elector serving 
in the land or naval forces of the United States, including persons of 



146 ELECTION LAWS OF MONTANA 

the army nurse corps, the navy nurse corps, the women's navy re- 
serve, the women's army auxiliary corps, and such other branches 
of the land and naval forces as may be organized hereafter by the 
government of the United States including persons engaged in the 
actual service of the American National Red Cross Association, or 
the United States Service Organizations or any similar organizations 
auxiliary to the land and naval forces recognized by the government 
of the United States was registered at the time of such election, setting 
forth the affiants are personally acquainted with such elector and 
are informed and have reason to believe such elector was engaged in 
active service in the land or naval forces of the United States, includ- 
ing persons of the army nurse corps, the navy nurse corps, the wo- 
men's navy reserve, the women's army auxiliary corps, and such 
other branches of the land and naval forces as may be organized 
hereafter by the government of the United States including persons 
engaged in the actual service of the American National Red Cross 
Association, or the United Service Organizations or any similar or- 
ganization auxiliary to the land and naval forces recognized by the 
government of the United States on the day of such election and his 
residence is still within the county where he is registered; provided 
further, however, this shall not apply to those registration cards 
which have been cancelled for any of the causes designated under 
Section 23-518. 

23-513 (566). Close of Registration — Procedure. The County 
Clerk shall close all registration for the full period of forty-five days 
prior to and before any election. He shall immediately transmit to 
the Secretary of State a certificate showing the number of voters regis- 
tered in each precinct in said county. The County Clerk of each 
county must cause to be published in a newspaper within his county, 
having a general circulation therein, for thirty days before which 
time when such registration shall be closed for any election, a notice 
signed by him to the effect that such registration will be closed on 
the day provided by law, and which day shall be specified in such 
notice; and must also state that electors may register for the ensuing 
election by appearing before the County Clerk at his office, or by ap- 
pearing before a deputy registrar or before any Notary Public or Jus- 
tice of the Peace in the manner provided by law. The publication of 
such notice must continue for the full period of thirty days. At least 
thirty days before the time when the official register is closed for 
any election, the County Clerk shall cause to be posted, in at least 
five conspicuous places in each voting precinct at such election, 
notice of the time when the official register will close for such election. 

23-514 (567). Printing and Posting of Lists of Registered Electors. 

The County Clerk shall, at least 15 days preceding any municipal 
primary nominating election in towns and cities, and at least twenty 
(20) days preceding any other election, cause to be printed and posted 
a list of all electors entitled to be registered as shown by the official 
register of the county, and who are on the precinct registers as entitled 
to vote in the several precincts of such county, city or town, or school 
district of the first class, provided, that if the City Clerk of any city or 



ELECTION LAWS OF MONTANA 147 

town shall, in writing, certify to the County Clerk, not less than twenty 
five (25) days before the date fixed by law for the holding of any 
primary nominating election, that no petitions for nomination under 
the direct primary election law for any office to be filed at the next 
ensuing annual city election have been filed with such City or Town 
Clerk, not less than thirty (30) days before the date fixed by law for 
the holding of the primary nominating election, then the County Clerk 
shall not cause to be printed or posted such list of registered electors 
for such city or town. Such printed list of registered electors shall con- 
tain the name of the elector in full, together with his residence, giving 

the number and street, or the name of the house, ( ) 

and in all cases where the elector resides outside of the city or town, 
such printed list shall contain the post office address of such elector, 
as shown by the offiical register card of the elector, and the registry 
number. The expense of printing said list shall be paid by said coun- 
ty, city or town, or school district, in which the election is to be held. 
The County Clerk shall cause to be posted, not less than fifteen (15) 
days before any municipal primary nominating election, and not less 
than twenty (20) days before any other election, as in this Act pro- 
vided for, at least five (5) copies of such printed registry list in at 
least five (5) conspicuous places within said precinct, a copy of the 
list of registered voters herein provided for, and shall retain sufficient 
number of said printed lists of registered voters in his office as 
may be necessary for the convenience of the public. He shall furnish 
to any qualified elector of any county, city or town or school district 
applying therefor a copy of the same, provided, that where the list 
herein provided for has been printed and posted for any primary 
election, the same may be used for the election proper, following a 
posting in connection therewith, at the time provided for in this Sec- 
tion, a supplemental list giving the names of electors who may have 
registered after the first list was prepared. 

23-515 (568). Poll-Book — Combining Precinct Registers in — 
When Not Furnished City or Town. During the time intervening be- 
tween the closing of the official register and the day of the ensuing 
election, the County Clerk shall prepare for each precinct a book to 
be known as the "POLL-BOOK" which shall be for the use of the 
clerks and judges of election in each such precinct. Such books shall 
be arranged for the listing of the names of the electors in alphabetical 
divisions, each division to be composed of ruled columns with appro- 
priate headings, under which the information contained upon the 
registry card of each elector shall be transcribed, excepting the oath 
of the elector, and the certified copy of the poll-books so prepared 
shall be delivered to the judges of the election at or prior to the open- 
ing of the polls in each precinct. Where the precincts in municipal 
elections, or in elections in school districts of the first class, include 
more than one county precinct, the County Clerk shall combine into 
one poll-book the names of all electors in the several precinct regis- 
ters of the precincts of which such municipal or school district pre- 
cinct is composed. The County Clerk shall omit from the list of 
names of all certified voters so inserted in the poll-book herein pro- 
vided for, the names and registry of all electors which it is the duty 



148 ELECTION LAWS OF MONTANA 

of the County Clerk to cancel under the proviisons of Section 23-518, 
provided that the requirements contained in the provisions of said 
section shall have been brought to the attention of the County Clerk 
not less than twenty days preceding the election. If the City Clerk of 
any city or town shall, in writing, certify to the County Clerk, not less 
than twenty-five days before the date fixed by law for the holding of 
any primary nominating election, that no petitions for nominations 
under the direct primary election law for any office to be filled at the 
next ensuing annual city election have been filed with such City 
Clerk, not less than thirty days before the date fixed by law for the 
holding of the primary nominating election, then the County Clerk 
shall not prepare for the city any poll-book or poll-books for that year. 

23-516 (569). Registration During Period Closed for Election. 

Whenever the period during which the official registry is closed pre- 
ceding any election shall occur during the time within which any 
elector is entitled to register for another election, such elector shall be 
permitted to register for such other election, but the County Clerk shall 
retain his registry card in a separate file until the official register is 
again open for filing of cards, at which time all cards in such tem- 
porary file shall be placed in their proper position in the official 
register. 

23-517. Cancellation of Registrations. In all counties within the 
State of Montana, the County Clerk and exoffico "registrar" shall, 
within five (5) days after the first day of June, 1937, cancel all regis- 
trations of electors in the county and shall burn all "card indexes", 
"registry cards" and "affidavits" theretofore executed and signed by 
any elector for the purpose of registration; also, all copies of the regis- 
tration books used at any elections theretofore held and shall pre- 
serve the "register" theretofore used as a permanent file of the office 
of the County Clerk. 

The County Clerk must cause to be published in a newspaper 
of general circulation, published in the county, a notice which shall 
state that all registrations of electors will be cancelled as of the first 
day of June, 1937, and that duly qualified electors desiring to vote 
at any subsequent election in the State of Montana, are required to 
register in the manner and form provided for under the general 
registration laws, and laws amendatory thereto, of the State of Mon- 
tana. Said notice shall be published once a week for a period of 
four consecutive weeks. Failure to publish said notice shall not 
affect a registration of electors, nor of any election thereafter held. 

23-518 (570). Cancellation of Registry Cards, When. The 

County Clerk must cancel any registry card in the following cases: 

1 . At the request of the party registered. 

2. When he has personal knowledge of the death or removal 
from the county of the person registered, or when duly authenticated 
certificate of the death of any elector is filed in the names of vital 
statistics in his office. 



ELECTION LAWS OF MONTANA 149 

3. When there is presented and filed with the County Clerk the 
separate affidavit of three qualified registered electors residing with- 
in the precinct, which affidavit shall give the name of such elector, 
his registry number and his residence, and which affidavit shall show 
that of the personal knowledge of the affiant, that any person regis- 
tered does not reside or has removed from the place designated as 
the residence of such elector. 

4. When the insanity of the elector is legally established. 

5. Upon the production of a certified copy of a final judgment 
of conviction of any elector of felony. 

6. Upon the production of a certified copy of the judgment of 
any court directing the cancellation to be made. 

7. Upon the cancellation of the registration of any elector as 
herein provided, the County Clerk shall immediately remove from the 
official register herein provided for the registry of voters and shall 
deface the name of such elector on the official register by drawing a 
line through said entry in red ink and the County Clerk shall mark 
the registry card of such elector across the face thereof in red ink 
with the word "cancelled" and shall place such cancelled cards 
with the "cancelled file", as provided for in Section 23-511. 

All persons whose names are so removed, except as provided in 
Section 23-517, and stricken from the said registration books, card 
indexes, and register of electors, shall within forty-eight hours there- 
after, be notified by the County Clerk in writing of such removal, by 
sending a notice to such person to his or her post office address, as 
appearing on such registration books, card indexes, and register of 
electors. If any persons, whose names are so removed, can and do 
prove to the County Clerk that they are in fact citizens of the United 
States and otherwise qualified to vote, as provided by law of the 
State of Montana, then, and in that case, they shall be entitled to re- 
register as voters. 

23-519 (571). Compensation of County Clerks. The County 
Clerks shall receive, for the use and benefit of the county, from every 
city or town, or from every school district of the first class, (to which 
the poll books referred to in the last section have been furnished), 
the sum of Three ($.03) Cents for each and every name entered in 
such poll book, and in addition he shall receive in like manner the 
amount of the actual expense incurred in printing and posting the 
lists of electors, and in publishing the notices required by this law, 
and any other expense incurred on account of any such municipal or 
school district election. It shall be the duty of the City or Town Coun- 
cil, or Board of School Trustees, to order a warrant drawn for such 
sum as may be due to the County Clerk under the provisions of this 
section, within thirty (30) days after the presentation of the account 
to them by said County Clerk, provided, however, that in event of the 
election of candidates at municipal primary elections, as provided 
for in 11-3113, and no general municipal election is required to be 
held, the County Clerk shall prepare no poll books for such general 



150 ELECTION LAWS OF MONTANA 

municipal election and shall make no charge therefor; provided fur- 
ther, that in elections of school districts of the first class if only as 
many candidates are nominated as there are vacancies to be filled, 
the County Clerk shall furnish no poll books and make no charge 
therefor to such school district. 

It shall be the duty of the City Clerk or the Clerk of the school 
district to notify the County Clerk in such case as above mentioned, 
where no poll books are required, immediately after the facts become 
known to the City Council or the Board of Trustees of the school dis- 
trict, which makes unnecessary the furnishing of such poll books. 

23-520 (572). Copies of Precinct Registers. The County Clerk 
shall furnish to any person or persons who in writing may so re- 
quest, a copy of the official precinct registers of any county, city or 
school district precinct, and upon delivery thereof shall charge and 
collect for the use and benefit of the county the sum of five cents for 
each and every name entered in such official precinct register. 

23-521 (573). Challenges and Action to Be Taken Thereon. At 

any time not later than the tenth day prior to any election, a chal- 
lenge may be filed with the County Clerk, signed by a qualified 
elector in writing, and duly verified by the affidavit of the elector, 
that the elector designated therein is not entitled to register. Such af- 
fidavit shall state the grounds of challenge, objection and disqualifi- 
cation. The County Clerk shall file the affidavit of challenge in his 
office as a record thereof. The County Clerk must deliver a true and 
correct copy of any and all of such affidavits so filed, challenging the 
right of any elector to vote who has been so registered at the same 
time, and together with the copy of the precinct registers and check 
lists and other papers required by this Act to be delivered to the 
judges of election, as in this Act provided, and he must write distinct- 
ly opposite to the name of any person to whose qualification as an 
elector objections may be thus made, the words "To be challenged." 
It shall be the duty of the judges of election, if on election day such 
person who has been objected to and challenged applies to vote, to 
test, under oath, his qualifications. Notwithstanding the elector is 
registered, his right to vote may be challenged on the day of elec- 
tion by any qualified registered elector, orally stating, to the judges 
of election, the grounds of such objection or challenge to the right of 
any registered elector to vote. 

It is the duty of the judges of election, when it appears that any 
elector offers to vote and is either challenged by a duly qualified reg- 
istered elector, on election day, or if an affidavit of objection to the 
right of such elector to vote has been filed with the County Clerk and 
the copy of the precinct registers furnished to the judges of election 
have endorsed thereon, opposite to the name of such elector, "to be 
challenged," to test the qualifications of the elector and ask any ques- 
tions that such judges may deem proper, and shall compare the 
answers of the elector to such questions with the entries in the pre- 
cinct register books, and if it be found that said elector is disqualified, 
or that the answers given by such elector to the questions propounded 



ELECTION LAWS OF MONTANA 151 

by the judges do not correspond to the entry in the precinct registers, 
or that said elector is disqualified from any cause under the law, or if 
he refuses to take an oath as to his qualifications, he shall not be 
permitted to vote. The judges of election, in their discretion, may re- 
quire such elector to produce before them one or more freeholders 
of the county, as they may deem necessary, and have them ex- 
amined under oath as to the qualifications of the elector. 

23-522 (574). Residence, Rules for Determining. For the pur- 
pose of registration or voting, the place of residence of any person 
must be governed by the following rules as far as they are ap- 
plicable: 

1 . That place must be considered and held to be the residence 
of a person in which his habitation is fixed, and to which, whenever 
he is absent, he has the intention of returning. 

2. A person must not be held to have gained or lost a residence 
by reason of his presence or absence while employed in the service 
of the United States, or of this State, nor while a student at any in- 
stitution of learning, nor while kept at any almshouse or other asylum 
at the public expense, nor while confined in any public prison, nor 
while residing on any military reservation. 

3. No soldier, seaman, or marine in the Army or Navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed at any military or naval place within the same. No 
person shall be deemed to have acquired a residence in the State of 
Montana by reason of being employed or stationed at any United 
States Civilian Conservation Corps camp within the State of Montana 
or at any transient camp maintained for relief purposes by the Gov- 
ernment of the United States within the State of Montana. 

4. A person must not be considered to have lost his residence 
who leaves his home to go into another state, or other district of this 
State, for temporary purposes merely with the intention of returning, 
provided he has not exercised the right of the election franchise in 
said state or district. 

5. A person must not be considered to have gained a residence 
in any county into which he comes for temporary purposes merely 
without the intention of making such county his home. 

6. If a person removes to another state with the intention of 
making it his residence, he loses his residence in this State. 

7. If a person removes to another state with the intention of re- 
maining there for an indefinite time, and as a place of present resi- 
dence, he loses his residence in this State, notwithstanding he enter- 
tains an intention of returning at some future period. 

8. The place where a man's family resides is presumed his 
place of residence, but any man who takes up or continues his abode 
with the intention of remaining, or a place other than where his 
family resides, must be regarded as a resident of the place where he 
so abides. 



152 ELECTION LAWS OF MONTANA 

9. A change of residence can only be made by the act of re- 
moval joined with the intent to remain in another place. There can 
only be one residence. A residence cannot be lost until another is 
gained. 

10. The term of residence must be computed by including the 
day of election. 

23-523 (575). Certificates of Naturalization, Presentation to Regis- 
trar. When a naturalized citizen applies for registration his certificate 
of naturalization, or a certified copy thereof, must be produced and 
stamped, or written in ink by the registry agent, with such registry 
agent's name and the year and day and county where presented; but 
if it satisfactorily appears to the registry agent, by the affidavit of 
the applicant (and the affidavit of one or more credible electors as to 
the credibility of such applicant when deemed necessary), that his 
certificate of naturalization, or a certified copy thereof, is lost or re- 
stroyed, or beyond the reach of the applicant for the time being, said 
registry agent must register the name of said applicant, unless he is 
by law otherwise disqualified; but in case of failure to produce the 
certificate of naturalization, or a certified copy thereof, the registry 
agent must propound the following questions: 

1 . In what year did you come to the United States? 

2. In what state or territory, county, court, and year were you 
finally admitted to citizenship? 

3. Where did you last see your certificate of naturalization, or a 
certified copy thereof? 

23-524 (576). Voter to Sign Precinct Register Books. The judges 
of election in each precinct, at every general or special election, shall 
in the precinct register book, which shall be certified to them by the 
County Clerk, mark a cross (X) upon the line opposite to the name of 
the elector, before any elector is permitted to vote the judges of elec- 
tion shall require the elector to sign his name upon one of the precinct 
register books, designated by the County Clerk for that purpose, and 
in a column reserved in the said precinct books for the signature of 
electors. If the elector is not able to sign his name he shall be required 
by the judges to produce two freeholders who shall make an affidavit 
before the judges of election, or one of them, in substantially the fol- 
lowing form: 

STATE OF MONTANA, ) 

> ss. 
County of J 

"We, the undersigned witnesses, do swear that our names and 
signatures are genuine, and that we are each personally acquainted 

•with , (the name of the elector) 

and that we know that he is residing at '. 

and that we believe that he is entitled to vote at this election, and 
that we are each freeholders in the county", which affidavit shall be 
filed by the judges, and returned by them to the County Clerk, with 



ELECTION LAWS OF MONTANA 153 

the return of the election; one of the judges shall thereupon write the 
elector's name, and note the fact of his inabiilty to sign, and the 
names of the two freeholders who made the affidavit herein provided 
for. If the elector fails or refuses to sign his name and if unable to 
write fails to procure two freeholders who will take the oath herein 
provided, he shall not be allowed to vote. Immediately after the elec- 
tion and canvass of the returns, the judges of election shall deliver to 
the County Clerk the copy of said official precinct register sealed, 
with the election returns and poll-book, which have been used at said 
election. 

23-525 (577). Compelling Entry of Names in Great Register. In 

any action or proceeding instituted in a district court to compel the 
County Clerk to make and enter the name of any elector in the pre- 
cinct register, as many persons may be joined as plaintiffs for cause 
of action and as many persons as there are causes of action against 
may be joined as defendants. 

23-526 (578). Name of Voter Must Appear in Copy of Register — 
Indentification of Voter. No person shall be entitled to vote at any 
election mentioned in this Act unless his name shall, on the day of 
election, except at school election in school districts of the second and 
third class, appear in the copy of the official precint register furnished 
by the County Clerk to the judges of election, and the fact that his 
name so appears in the copy of the precinct register shall be prima 
facie evidence of his right to vote; provided, that when the judges 
shall have good reason to believe, or when they shall be informed 
by a qualified elector that the person offering to vote is not the per- 
son who was so registered in that name, the vote of such person 
shall not be received until he shall have proved his identity as the 
person who was registered in that name by the oath of two reputable 
freeholders within the precinct in which such elector is registered. 

23-527 (579). Omission of Name from Poll-Books — Remedy. Any 

elector whose name is erroneously omitted from any precinct poll- 
book may apply for and secure from the County Clerk a certificate of 
such error, and stating the precinct in which such elector is entitled 
to vote, and upon the presentation of such certificate to the judges of 
election in such precinct, the said elector shall be entitled to vote in 
the same manner as if his name had appeared upon the precinct 
poll-book. Such certificate shall be marked "voted" by the judges, 
and shall be returned by them with the poll-book. 

23-528 (580). Authority of Deputy County Clerk. Wherever in 
this Act the word "County Clerk" appears, it shall be construed as 
extending and giving authority to any regularly appointed Deputy 
County Clerk. 

23-529 (581). "Elector" Defined. The word "elector" as used in 
this law, whether used with or without the masculine pronoun, shall 
apply equally to male and female electors. 

23-530 (582). "Election" Defined. The word "election," as used 
in this law where not otherwise qualified, shall be taken to apply to 



154 ELECTION LAWS OF MONTANA 

general, special, primary nominating, and municipal elections, and 
to elections in school districts of the first class. 

23-531 (583). Violation of Act, Penalty For. Any person or per- 
sons, or any officer of any county, city or town, or school district, 
who, under the provisions of this Act, are required to perform any 
duty, who shall wilfully or knowingly fail, refuse, or neglect to per- 
form such duty, or to comply with the provisions of this Act, shall, 
upon conviction, be fined in the sum of not less than Three Hundred 
Dollars, nor more than One Thousand Dollars, or by imprisonment 
in the county jail for a period of not less than three months and no 
more than one year. Upon the conviction of any officer of the vio- 
lation of the provisions of this Act, the Judge of the District Court hear- 
ing such proceeding shall, at the time of rendering judgment of con- 
viction, include in such order of conviction an order of the court that 
such officer be removed from office. 

23-532 (584). Challenging of Elector and Administration of Oath. 

If any person offering to vote at any primary election be challenged 
by a judge or any qualified elector at said election, as to his right to 
vote thereat, an oath shall be administered to him by one of the 
judges that he will truly answer all questions touching his right to vote 
at such election, and if it appear that he is not a qualified voter under 
the provisions of this Act, his vote shall be rejected; and if any per- 
son whose vote shall be so rejected shall offer to vote at the same 
election, at any other polling place, he shall be deemed guilty of a 
misdemeanor. 

23-533 (585). Acts Constituting Violation of Law — Penalty. Any 

person who shall make false answers, either for himself or another, 
or shall violate or attempt to violate any of the provisions of this Act, 
or knowingly encourage another to violate the same, or any public 
officer or officers, or other persons upon whom any duty is imposed 
by this Act, or any of its provisions, who shall wilfully neglect such 
duty, or shall wilfully perform it in such way as to hinder the objects 
and purposes of this Act, shall, excepting where some penalty is pro- 
vided by the terms of this Act, be deemed guilty of a felony, and upon 
conviction thereof shall be punished by imprisonment in the State 
prison for a period of not less than one year or more than fourteen 
years, and if such person be a public officer, shall also forfeit his 
office. 

23-534 (586). County Commissioners to Supply Clerk with Help. 

It shall be the duty of the Board of County Commissioners of each 
county to provide the County Clerk thereof with sufficient help to 
enable him to properly perform the duties imposed upon him by this 
Act, and the cost of the stationery, printing, publishing, and posting 
to be furnished or procured by the County Clerk by the provisions 
of this law shall be a proper charge upon the county. 



ELECTION LAWS OF MONTANA 155 

CHAPTER 6 
JUDGES AND CLERKS OF ELECTION 

23-601 (587) Judges of Election— How Appointed. The Board 
of County Commissioners of the several counties at the regular ses- 
sion next preceding a general election, must appoint five judges of 
election for each precinct in which the voters therein, by the last 
registration, were two hundred or more and three judges of election 
for each precinct in which such registration was less than two hun- 
dred, provided that in all election precincts in which there were 
cast three hundred and fifty or more ballots in the last general 
election or in which the Board of County Commissioners believe 
that as many ballots as three hundred and fifty will be cast in the 
next general election, the Board of County Commissioners may ap- 
point a second or additional board consisting of five judges for each 
such precinct, who shall possess the same qualifications as the first 
board herein mentioned. The judges constituting the second board for 
each precinct, if such second board shall have been appointed, shall 
meet at their respective polling places, as designated in the 
order appointing them, at the time the polls are closed and at 
said hour or as soon as the first board has completed their duties 
in regard to the voting, the second board shall take charge of the 
ballot boxes containing the ballots and shall proceed to count 
and tabulate the ballots cast as they shall find them deposited 
in the ballot boxes. In the event that the count is not completed 
by eight o'clock A. M. of the next following day, the first board 
shall reconvene and relieve the second board and continue said 
count until eight o'clock P. M., when if the count is not yet com- 
pleted, the second board shall reconvene and again relieve the 
first board, and so, alternately until said board shall have fully 
completed the count and certified the returns. The judges con- 
stituting the several boards shall number the ballots and count the 
tallies upon the tally sheets and so indicate upon the tally sheets as to 
distinctly show the work of each board separately. The board com- 
pleting the count shall make such certification of returns as is re- 
quired by law. 

The Board of County Commissioners, notwithstanding the fore- 
going provisions in this section contained, may however, appoint a 
single board of judges for each precinct in the county, when, in the 
judgment of said Board of County Commissioners, a second or addi- 
tional board is unnecessary. 

23-602 (588). Number of Judges to Be Appointed. The Board of 
County Commissioners, notwithstanding the registration, may ap- 
point five judges of each precinct in which upon information obtained 
by them, they have reason to believe contains two hundred voters 






156 ELECTION LAWS OF MONTANA 

or more and three judges of election in pricincts which upon informa- 
tion obtained by them, they have reason to believe was less than 
two hundred. 

23-603 (589). Number Appointed in New Precincts. In any new 

precinct established, the Board of County Commissioners must, in like 
manner, appoint five of three judges of election, according to the 
estimated number of voters therein, as required by the two next 
preceding sections. 

23-604 (590). Not More Than a Majority to Be From Any One 
Political Party. In making the appointment of judges of election, such 
judges must be chosen from a list of qualified electors to be sub- 
mitted by the county central committee of the two (2) major political 
parties in the county at least thirty-five (35) days prior to the regular 
session of the Board of County Commissioners, next preceding a 
primary nominating election, a general or special election, such list 
to contain at least twice the number of judges to be appointed and not 
more than a majority of such judges must be appointed from any one 
political party for each precinct and such appointee shall be deemed 
to belong to the political party upon whose list his name appears, 
provided that the Board of County Commissioners may appoint such 
judges as in case of vacancy or in case any major political party fails 
to submit a list of judges within the time herein provided. 

23-605. Compensation of election officers. The compensation 
of members of boards of election, including judges and clerks, 
shall be fixed by the Board of County Commissioners at not to exceed 
one dollar ($1.00) per hour for the time actually on duty, and must be 
audited by the Board of County Commissioners and paid out of the 
county treasury. 

As amended by Chapter 12, Laws of 1951. 

23-606 (592). Clerk to Give Notice to Judges of Appointment — 
Electors to Elect Judges in Case of Vacancy. The clerk of the board 
must make out and forward by mail, immediately after the appoint- 
ment of the judges, a notice thereof in writing, directed to each of 
them. In case there is no post office in any one or more of the pre- 
cincts in any county, the clerk must forward notices of such ap- 
pointment by registered mail to the post office nearest such precinct, 
directed to the judges aforesaid. If, in any of the precincts, any 
of the judges refuse or neglect to serve, the electors of such precinct 
may elect a judge or judges to fill vacancies on the morning of the 
election, to serve at such election. 

23-607 (593). Judges to Choose Clerks and to Serve Until Others 
Appointed. The judges may, whenever they deem it necessary for 
the prompt and efficient conduct of the election within their respective 
polling places, appoint two persons having the same qualifications 
as themselves to act as clerks of the election. The judges shall con- 
tinue to be judges of all elections to be held in their respective pre- 
cincts until other judges are appointed; and the clerks of election con- 
tinue to act as such during the pleasure of the judges of election, and 



ELECTION LAWS OF MONTANA 157 

the Board of County Commissioners must from time to time fill va- 
cancies which may occur in the offices of judges of election in any 
precinct within their respective counties. 

23-608 (594). Clerks to Mail to Judges Notices of Election — Form 
of Notices. The clerks of the several Boards of County Commissioners 
must, at least twenty (20) days before any general election, make and 
forward by mail to such judge or judges as are designated by the 
County Commissioners, three written notices for each precinct, said 
notices to be substantially as follows: 

Notice is hereby given that on the first Tuesday after the first 

Monday of November, 19 , at the house , in the 

County of , an election will be held 

for (naming the offices to be filled, 

including electors of President and Vice-President, a Representative 
in Congress, State, county and township officers), and for the de- 
termination of the following questions (naming them), the polls of 
which election will be open at 8 o'clock in the morning and continuing 
open until 6 o'clock in the afternoon of the same day. 

. Dated this day of A.D. I9_. __. 

Signed A. B., Clerk of the Board of County Commissioners. 

23-609 (595). Notices to Be Posted by the Judges. The judges 
to whom such notice is directed, as provided in the next preceding 
section, must cause to be put up in three of the most public places 
in each precinct the notices of election in such precinct, at least ten 
days previous to the time of holding any -general election, which 
notices must be posted as follows: One at the house where the elec- 
tion is authorized to be held, and the others at the two most public 
and suitable places in the precinct. 

23-610 596). Oath of Judges and Clerk. Previous to votes be- 
ing taken, the judges and clerks of election must take and subscribe 
the official oath prescribed by the Constitution. It is lawful for the 
judges of election, and they are hereby empowered, to administer the 
oath to each other, and to the clerks of the election. 

23-611 (597). Judges and Clerks May Administer Oaths. Any 

member of the board, or either clerk thereof, may administer and 
certify oaths required to be administered during the progress of an 
election. 

CHAPTER 7 

ELECTION SUPPLIES 

23-701 (598). County Commissioners to Furnish Poll-Books. The 

Board of County Commissioners of each county must furnish for the 
several election precincts in each county poll-books after the forms 
hereinafter prescribed. 

23-702 (600). Form of Poll-Book. The following is the form of 
poll-books to be kept in duplicate by the judges and clerks of elec- 
tion: 



158 



ELECTION LAWS OF MONTANA 



Poll-Book of Precinct No 

Number and names of electors voting. 



No. 



NAME 



No. 



NAME 



No. 



NAME 



Total number of votes cast at Precinct No 

We, the undersigned, judges and clerks of an election held at 

Precinct No , in the County of , in the State 

of Montana, on the day of , 19 , 

having first been severally sworn according to law, hereby certify 
that the foregoing is a true statement of the number and names of the 
persons voting at said precinct at said election, and that the following 
named persons received the number of votes annexed to their re- 
spective names for the following described offices to-wit: 



Governor 



Members of Legislative Assembly 



A. B., Votes 

C. D., Votes 




House of Representatives 
B. H : Votes 



Certified and Signed by Us. 

Clerks. 



Judges. 



23-703 (601). Want of Form Not to Vitiate. No poll-book or cer- 
tificate returned from any election precinct must be set aside or re- 
jected for want of form, nor on account of its not being strictly in ac- 
cordance with the directions of this chapter, if it can be satisfactorily 
understood. 



ELECTION LAWS OF MONTANA 159 

23-704 (602). County Commissioners to Have Blanks Prepared. 

The necessary printed blanks for poll-lists, tally lists, lists of electors, 
tickets, and returns, together with envelopes in which to enclose the 
returns, must be furnished by the Boards of County Commissioners 
to the officers of each election precinct at the expense of the county. 

23-705 (603). Clerk to Deliver Ballots and Stamps to Judges of 
Election — Stamp, What to Contain. Before the opening of the polls, 
the County Clerk, or the City Clerk in the case of municipal elections, 
must deliver to the judges of election of each election precinct which 
is within the county (or within the municipality in case of municipal 
election) and in which the election is to be held, at the polling place 
of the precinct, the proper number of election ballots as provided for 
in Section 23-1117. He must also deliver to said judges a rubber or 
other stamp, with ink pad, for the purpose of stamping or designating 
the official ballots as hereinafter provided. Said stamp must con- 
tain the words "Official Ballot," the name or number of the election 
precinct, the name of the county, the date of the election, and name 
and offiical designation of the clerk who furnishes the ballots. The 
judge of election to whom the stamps and ballots are given pursuant 
to this section must be the same person who may be designated by 
the commissioners to post the notices required by Section 23-608. 
But in case it be impracticable to deliver such stamps and ballots to 
such judge then they may be delivered to some other one of the 
judges of election. 

• 23-706 (604). Ballot-Boxes. There shall be provided at the ex- 
pense of the county, for each polling precinct, a substantial ballot-box 
or canvas pouch with a secure lock and key for the ballots and de- 
tached stubs as hereinafter provided for. There shall be one opening, 
and no more in such box or canvas pouch, of sufficient size to admit a 
single folded ballot. The adoption of the canvas pouch to be used 
instead of the ballot-box, in any precinct, shall be optional with the 
commissioners of each county, but in such precincts where pouches 
are so adopted, the pouches shall be returned to the County Clerk to- 
gether with the other election returns, as by law provided. 

23-707 (605). Size of the Opening of the Ballot-Box. There must 
be an opening in the lid of such box of no larger size than shall be 
sufficient to admit a single folded ballot. 

23-708 (606). Ballot-box to Be Exhibited. Before receiving any 
ballots, the judges must, in the presence of any persons assembled 
at the polling place, open and exhibit the ballot-box and remove any 
contents therefrom, and then close and lock the same, delivering the 
key to one of their members, and thereafter the ballot-box must not 
be removed from the polling place or presence of the bystanders un- 
til all the ballots are counted, nor must it be opened until after the 
polls are finally closed. 

23-709 (607). County Clerk to Have Printed Instructions to the 
Electors. The County Clerk of each county must cause to be printed 
in large type on cards, in the English language, instructions for the 



160 ELECTION LAWS OF MONTANA 

guidance of electors in preparing their ballots. He must furnish six 
cards to the judges of election in each election precinct, and one ad- 
ditional card for each fifty registered electors, or fractional part there- 
of, in the precinct, at the same time and in the same manner as the 
printed ballots. The judges of election must post not less than one 
of such cards in each place or compartment provided for the prep- 
aration of ballots, and not less than three of such cards elsewhere 
in and about polling places upon the day of election. Said cards 
must be printed in large, clear type, and must contain full instructions 
to the voters as to what should be done, viz: 

1 . To obtain ballots for voting. 

2. To prepare the ballots for deposit in the ballot boxes. 

3. To obtain a new ballot in the place of one spoiled by acci- 
dent or mistake. Said card must also contain a copy of Section 
94-1407, 94-1411, 94-1412, 94-1413, 94-1414, and 94-1415. There must 
also be posted in each of the compartments, or booths, one of the of- 
ficial tickets, as provided in Sections 23-1101 to 23-1116, without the 
offical stamp, and not less than three such tickets posted elsewhere 
in and about the polling places upon the day of election. 

23-710 (608). Forms for Transmission of Election Returns. In 

sending out election supplies to each precinct for each general elec- 
tion, it shall be the duty of the County Clerk in each county to send 
with such supplies not less than six printed forms, with a return en- 
velope, for the use of judges of election in transmitting election returns 
for public information. Said printed forms shall be in ballot form on 
tinted paper, and the name of each candidate and each proposition 
voted on shall be printed on said blank. Brief instructions for the 
use of said blank, as contained in this Act, shall also be printed on 
said blank. 

23-711(609). Copying Total Vote Cast for Each Candidate. As 

soon as all the ballots have been counted in any precinct, it shall be 
the duty of the election judges to correctly copy the total vote cast for 
each candidate and the total vote cast for and against each proposi- 
tion on the blanks furnished by the County Clerk, as provided in the 
preceding section. 

23-712 (610). Posting and Mailing Blanks. One of said blanks, 
properly filled out, shall be posted forthwith at the polling place; and 
one copy, correctly filled out, shall be sent by mail or by messenger, 
when the same can be done without expense, to the County Clerk. 
Said copy may be sent by the same messenger carrying the official 
election returns, but the same shall not be enclosed or sealed with the 
other returns. 

23-713 (611). Penalty for Failure to Comply With Law. Any judge 
of election, or other officer, who shall fail or refuse to comply with 
the provisions of this Act, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in any sum not exceeding 
Fifty Dollars. 



ELECTION LAWS OF MONTANA 161 

CHAPTER 8 

NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY 
CONVENTION OR PRIMARY MEETINGS OR BY ELECTORS 

23-801 (612). Convention or Primary Meeting Defined. Vacan- 
cies. Any convention or primary meeting held for the purpose of 
making nominations to public office, or the number of electors re- 
quired in this chapter, may nominate candidates for public office to 
be filled by election in the state. A convention or primary meeting 
within the meaning of this chapter is an organized assemblage of 
electors or delegates representing a political party or principle, and in 
the event a vacancy shall happen by death or resignation in the rep- 
resentation from any congressional district of the State of Montana 
in the House of Representatives of the Congress of the United States, 
only the electors residing within such congressional district shall 
vote at any such convention or primary meeting held for the purpose 
of making nominations to fill such vacancy. 

23-802 (613). Certificates of Nomination, What to Contain. All 

nominations made by such convention or primary meeting must be 
certified as follows: The certificate of nomination, which must be in 
writing, must contain the names of each person nominated, his resi- 
dence, his business, his business address, and the office for which he 
is named, and must designate, in not more than five words, the party 
or principle which such convention or primary meeting represents, 
and it must be signed by the presiding officer and secretary of such 
convention or primary meting, who must add to their signatures 
their respective places of residence, their business, and business ad- 
dress. Such certificates must be delivered by the secretary or the 
president of such convention or primary meeting to the Secretary of 
the State or to the County Clerk, as in this chapter required. 

23-803 (614). Certificate, Where Filed. Certificates of nomina- 
tion of candidates for offices to be filled by the electors of the entire 
State, or of any division or district greater than a county, must be 
filed with the Secretary of State. Certificates of nomination for 
county, township, and precinct officers must be filed with the clerks 
of the respective counties wherein the officers are to be elected. Cer- 
tificates of nomination for municipal officers must be filed with the 
clerks of the respective municipal corporations wherein the officers 
are to be elected. The certificate of nomination of joint member of 
the House of Representatives must be filed in the office of the County 
Clerks of the counties to be represented by such joint member. 

23-804 (615). Certificates of Nomination Otherwise Made. Can- 
didates for public office may be nominated otherwise than by con- 
vention or primary meeting in the manner following: 

A certificate of nomination containing the name of a candidate 
for the office to be filled, with such information as is required to be 
given in certificates provided for in Section 23-802, must be signed by 
electors residing within the State and district, or political division in 



162 ELECTION LAWS OF MONTANA 

and for which the officer or officers are to be elected, in the following 
required numbers: 

The number of signatures must not be less in number than five 
per cent of the number of votes cast for the successful candidate for 
the same office at the next preceding election, whether the said candi- 
date be State, county, township, municipal, or any other political divi- 
sion or subdivision of State or county; but the signatures need not all 
be appended to one paper. Each elector signing a certificate shall 
add to his signature his place of residence, his business, and his 
business address. Any such certificate may be filed as provided for 
in the next preceding section of this chapter, in the manner and with 
the same effect as a certificate of nomination made by a party con- 
vention or primary meeting. 

23-805 (616). Certificate Not to Contain Certain Things— One 
Person Not to Be Nominated for More Than One Office. No certificate 
of nomination must contain the name of more than one candidate for 
each office to be filled. No person must join in nominating more 
than one person for each office to be filled, and no person must ac- 
cept a nomination to more than one office. 

23-806 (617). Certificates to Be Preserved One Year. The Secre- 
tary of State and the Clerks of the several counties and of the several 
municipal corporations must cause to be preserved in their respective 
offices for one year all certificates of nomination filed under the pro- 
visions of this chapter. All such certificates must be open to public 
inspection under proper regulations to be made by the officers with 
whom the same are filed. 

23-807 (618). When Certificates to Be Filed. Certificates of nom- 
ination to be filed with the Secretary of State must be filed with the 
Secretary of State after the primary election and not less than ninety 
(90) days before the date fixed by law for the election. Certificates of 
nomination herein directed to be filed with the county clerk must be 
filed after the primary election and not less than ninety (90) days be- 
fore the election. Certificates of nomination of candidates for muni- 
cipal offices must be filed with the Clerks of the respective municipal 
corporations not more than thirty days (30) and not less than fifteen 
(15) days previous to the day of election; but the provisions of this 
section shall not be held to apply to nominations for special elec- 
tions, or to fill vacancies. 

(As amended by Chapter 160, Laws of 1949). 

23-808 (618.1). Nominees to Pay Prescribed Filing Fee. All can- 
didates nominated under the provisions of this chapter, shall, upon 
filing the certificate of nomination as provided by Sections 23-803 and 
23-807, pay to the officer with whom the certificates of nomination are 
required to be filed, the fees provided by Section 23-910, and such 
filing fee shall be paid by every person whose name appears upon 
the ballot at any general election, regardless of the method pursued 
to secure nomination, provided, however, that only one filing fee 



ELECTION LAWS OF MONTANA 163 

shall be required from any candidate, regardless of the method used 
in having his name placed upon such general election ballot. 

23-809 (619). Secretary of State to Certify to County Clerk 
Names of Persons Nominated. Not less than forty-five (45) nor more 
than ninety (90) days before an election to fill any public office, the 
Secretary of State must' certify to the County Clerk of each county 
within which any of the electors may by law vote for candidates for 
such office, the name and description of each person nominated, as 
specified in the certificates of nomination filed with the Secretary of 
State. 

23-810 (620). Declination of Nomination — Municipal Elections. 

Whenever any person nominated for public office, as in this chapter 
provided, shall at least twenty days before election, except in the 
case of municipal elections, in writing, signed by him, notify the of- 
fice with whom the certificate nominating him is by this chapter to be 
filed, that he declines such nomination, such nomination shall be 
void. In municipal elections, such declination shall be made at least 
five days before the election. 

23-811 (621). Vacancies May Be Filled by Further Certificates. 

If any person so nominated dies before the printing of the tickets, or 
declines the nomination as in this chapter provided, or if any cer- 
tificate of nomination is or becomes insufficient or inoperative from 
any cause, the vacancy or vacancies thus occasioned may be filled 
in the manner required for original nomination. If the original nom- 
ination was made by a party convention which had delegated to a 
committee the power to fill vacancies, such committee may, upon 
the occurring of such vacancies, proceed to fill the same. The chair- 
man and seretary of such committee must thereupon make and file 
with the proper officer a certificate setting forth the cause of the va- 
cancy, the name of the person nominated, the office for which he was 
nominated, the name of the person for whom the new nominee is to 
be substituted, the fact that the committee was authorized to fill va- 
cancies, and such further information as is required to be given in 
an original certificate of nomination. The certificate so made must be 
executed in the manner prescribed for the original certificate of nom- 
ination, and has the same force and effect as an original certificate 
of nomination. When such certificate is filed with the Secretary of 
State he must, in certifying the nominations to the various County 
Clerks, insert the name of the person who has thus been nominated to 
fill a vacancy in place of the name of the original nominee. And in 
the event he has already transmitted his certificate he must forthwith 
certify to the clerks of the proper counties the name and description 
of the person so nominated to fill a vacancy, the office he is nom- 
inated for, the party or political principle he represents and the name 
of the person for whom such nominee is substituted. 

28-812 (622). Errors. How Corrected. Whenever it appears by 
affidavit that an error or omission has occured in the publication of 
the name or description of a candidate nominated for office, or in the 
printing of the ballots, the District Court of the county may, upon ap- 



164 ELECTION LAWS OF MONTANA 

plication of any elector, by order require the County or Municipal 
Clerk to correct such error, or to show cause why such error should 
not be corrected. 

23-813 (623). Qualification of Voter at Primary Election. No per- 
son shall be entitled to vote at any caucus, primary meeting, or elec- 
tion, held by any political party, except he be an elector of the State 
and county within which such caucus, primary meeting, or election 
is held, and a legal resident of the precinct or district within which 
such caucus, primary meeting, or election is held, and the limits of 
which said precinct or district are fixed and prescribed by the regu- 
larly chosen and recognized representatives of the party issuing the 
call for such caucus, primary meeting, or election. 

23-814 (624). Who Entitled to Vote. No person shall be entitled 
to vote at any caucus, primary meeting, or election, who is not iden- 
tified with the political party holding such caucus, primary meeting, 
or election, or who does not intend to act with such political party at 
the ensuing election, whose candidates are to be nominated at such 
caucus or primary meeting. And no person, having voted at any 
primary meeting or election of any political party whose candidates 
are to be or have been nominated, shall be permitted to vote at the 
primary meeting or election of any other political party whose can- 
didates are to be or have been nominated and to be voted for at the 
same general or special election. 

23-815 (625). Judges. Three judges, who shall be legal voters in 
the precinct where such caucus or primary meeting is held, shall be 
chosen by the qualified voters of said precinct or district, who are 
present at the opening of such caucus or primary meeting, and said 
judges shall be empowered to administer oaths and affirmations, and 
they shall decide all questions relating to the qualifications of those 
voting or offering to vote at such caucus or primary meeting, and they 
shall correctly count all votes cast and certify the results of the same. 

23-816 (626). Clerk. The judges shall select one of their num- 
ber who shall act as clerk, and the clerk must keep a true record of 
each and every person voting, with their residence, giving the street 
and number and post office address. 

23-817 (627). Challenges— Oath— Penalty. Any qualified voter 
may challenge the right of any person offering to vote at such caucus 
or primary meeting, and in the event of such challenge, the person 
challenged shall swear to and subscribe an oath administered by 
one of the judges, which oath shall be substantially as follows: 

"I do solemnly swear that I am a citizen of the United States, and 
am an elector of this county and of this precinct where this primary 
is now being held, that I have been and now am identified with the 
party or that it is my intention bona fide to act with the party, and 
identify myself with the same at the ensuing election, and that I have 
not voted at any primary meeting or election of any other political 
party whose candidates are to be voted for at the next general or spe- 
cial election." 



ELECTION LAWS OF MONTANA 165 

If the challenged party takes the oath above prescribed he is en- 
titled to vote; provided, in case a person taking the oath as aforesaid 
shall intentionally make false answers to any questions put to him 
by any one of the judges concerning his right to vote at such caucus 
or primary meeting or election, he shall, upon conviction be deemed 
guilty of perjury, and shall be punished by imprisonment in the 
penitentiary for a term of not less than one year nor more than three 
years. 

23-818(628). Fraudulent Voting or Counting. It shall be unlaw- 
ful for any judge of any caucus or primary meeting or primary elec- 
tion to knowingly receive the vote of any person whom he knows is 
not entitled to vote, or to fraudulently or wrongfully deposit any bal- 
lot or ballots in the ballot-box, or take any ballot or ballots from the 
ballot-box of said caucus or primary election, or fraudulently or 
wrongfully mix any ballots with those cast at such caucus or primary 
election, or knowingly make any false count, canvass, statement, or 
return of the ballots cast or vote taken at such caucus or primary 
election. 

23-819 (629). Unlawful Interference. No person shall, by brib- 
ery or other improper means or device, directly or indirectly, attempt 
to influence any elector in the casting of any ballot at such caucus 
or primary meeting, or deter him in the deposit of his ballot, or in- 
terfere or hinder any voter at such caucus or primary meeting in the 
full and free exercise of his right of suffrage at such caucus or pri- 
mary meeting. 

23-820 (630). Penalties. .Any person or persons violating any of 
the provisions of this Act, except as provided in Section 23-817, shall 
be guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than Fifty Dollars, nor more than Two 
Hundred and Fifty Dollars, or by imprisonment in the county jail not 
less than three months nor more than twelve months, or by both such 
fine and imprisonment, in the discretion of the court. 

PARTY NOMINATION BY DIRECT VOTE— 
THE DIRECT PRIMARY 

23-901 (631). Construction of Law. Whenever the provisions of 
this law in operation prove to be of doubtful or uncertain meaning, 
or not suffificently explicit in directions and details, the general laws 
of Montana, and especially the election and registration laws, and the 
customs, practice, usage, and forms thereunder, in the same circum- 
stances or under like conditions, shall be followed in the construction 
and operation of this law, to the end that the protection of the spirit 
and intention of said laws shall be extended so far as possible to all 
primary elections, and especially to all primary nominating elections 
provided for by this law. If this proposed law shall be approved and 
enacted by the people of Montana, the title of this bill shall stand as 
the title of the law. 

23-902 (632). Date of Holding Primary Election — Purpose of. On 

third Tuesday of July preceding any general election (not including 



166 ELECTION LAWS OF MONTANA 

special elections to fill vacancies, municipal elections in towns and 
cities, irrigation district and school elections) at which public officers 
in this State and in any district or county are to be elected, a primary 
nominating election shall be held in accordance with this law in the 
several election precincts comprised within the territory for which 
such officers are to be elected at the ensuing election, which shall be 
known as the primary nominating election, for the purpose of choos- 
ing candidates by the political parties, subject to the provisions of 
this law, for Senator in Congress, and all other elective State, district 
and county officers, and delegates to any constitutional convention or 
conventions that may hereafter be called, who are to be chosen, at 
the ensuing election wholly by electors within this State, or any sub- 
division of this State, and also for choosing and electing county 
central committeemen by the several parties subject to the pro- 
visions of this law. 

23-903 (633). Primary Nominating Election Notices. It shall be 
the duty of the County Clerk, twenty (20) days before any primary 
nominating election, to prepare printed notices of such election, and 
mail two of said notices to each judge and clerk of election in each 
precinct; and it shall be the duty of the several judges and clerks im- 
mediately to post said notices in public places in their respecitve pre- 
cincts. Said notices shall be substantially in the following form: 

PRIMARY NOMINATING ELECTION NOTICE 

Notice is hereby given that on , the 

day of , 19 , at the , in the 

Precinct of , Montana, a primary nominating elec- 
tion will be held at which the (insert the names of political parties 
subject to this law) will choose their candidates for state, district, 
county, precinct and other offices, namely (here name the offices to 
be filled, including a Senator in Congress, delegates to any constitu- 
tional convention then called, and candidates for county central com- 
mitteemen to be elected); which election will be held at 12 o'clock, 
noon, and will continue until 7 o'clock in the afternoon of said day. 

Dated this day of , 19 

, County Clerk. 

23-904 (634). Application of Law to Cities and Towns. The nom- 
ination of candidates for municipal offices by the political parties, 
subject to the provisions of this law, shall be governed by this law in 
all incorporated towns and cities of this State having a population of 
thirty-five hundred and upward as shown by the last preceding na- 
tional or State census. All petitions by the members of such political 
parties for placing the names of candidates for nomination for such 
municipal offices on the primary nominating ballots of the several 
political parties shall be filed with the City Clerk of said several 
towns and cities, and it shall be the duty of such officers to prepare 
and issue notices of election for such primary nominating elections in 
like manner as the several County Clerks perform similar duties for 
nomination by such political parties for county offices at primary 



ELECTION LAWS OF MONTANA 167 

nominating elections. The duties imposed by this law on the County 
Clerks at primary nominating elections are hereby, as to said towns 
and cities, designated to be the duties of the City Clerk of said towns 
and cities as to primary nominating elections of the political parties, 
subject to the provisions of this law, provided, that in cities and towns 
the primary nominating election shall be held on the fourteenth day 
preceding their municipal elections. If no petitions for nomination 
under this law for any office to be filled at the next ensuing annual 
city election is filed with the City Clerk of any city, not less than 30 
days before the date fixed by law for the holding of a primary nom- 
inating election, then there shall be no primary election held within 
such city, and the City Clerk shall, not less than twenty-five days be- 
fore the date fixed for the holding of the primary nominating election, 
certify to the County Clerk of the county in which such city or town is 
situated that no petition for nomination under the direct primary 
election law for any office to be filled at the next ensuing annual elec- 
tion has been filed with such City Clerk within the time provided by 
law. Under the provisions of this law the lawfully constituted legis- 
lative and executive authorities of cities and towns, within the pro- 
visions of this section, shall have such power and authority over the 
establishing of municipal voting precincts and wards, municipal 
boards of judges and clerks of election and other officers of their said 
municipal election, and other matters pertaining to municipal primary- 
nominating elections required for such cities and towns by this law, 
such legislative and executive authorities have over the same matter 
at their municipal elections for choosing the public officers of said 
cities and towns. 

23-905 (635). Emergency Clause. This Act is declared to be an 
emergency law, and a law necessary for the immediate preservation 
of the public peace and safety. 

23-906 (636). Counting of Ballots. Immediately after the closing 
of the polls at a primary nominating election, the clerks and judges of 
election shall open the ballot-boxes at each polling place and proceed 
to take therefrom the ballots. Said officers shall count the number of 
ballots cast by each political party, at the same time bunching the 
tickets cast for each political party together in separate piles, and 
shall then fasten each pile separately by means of a brass clip, or 
may use any means which shall effectually fasten each pile together 
at the top of each ticket. As soon as the clerks and judges have sort- 
ed and fastened together the ballots separately for each political 
party, then they shall take the tally sheets provided by the County 
Clerk and shall count all the ballots for each political party separate- 
ly until the count is completed, and shall certify to the number of 
votes for each candidate for nomination for each office upon the 
ticket of each party. They shall then place the counted ballots in the 
box. After all have been counted and certified to by the clerks and 
judges they shall seal the returns for each of said political parties in 
separate envelopes, to be returned to the County Clerk. 

23-907 (637). Form of Tally Sheets— Canvass of Votes. Tally 
sheets for each political party having candidates to be voted for at 



168 



ELECTION LAWS OF MONTANA 



said primary nominating election shall be furnished for each voting 
precinct by the County Clerk, at the same time and in the same man- 
ner that the ballots are furnished and shall be substantially as 
follows: 

(1) Tally sheet of the primary nominating election for 

(name of political party) held at precinct, in the County 

of on the day of 

19 

The names of the candidates shall be placed on the tally sheets 
and numbered in the order in which they appear on the official and 
sample ballots, and in each case shall have the proper political party 
designated at the head thereof. 

(2 The following shall be the form of the tally sheets kept by 
the judges, and clerks of the primary nominating election under this 
law, containing the number and name of each person voted for, the 
particular office for nomination to which each person was voted for, 
the total number of votes cast for each candidate for nomination. 
The tally or count as it is kept by each of the clerks shall be audibly 
announced as it proceeds, and shall be kept in the manner and form 
as follows: 



No. 


Name of 
Candidate 


Office 


Total Vote 
Received 


No. 


Tally 5 


No. 


Tally 1 


No. 


Tally 1 5 


12 








12 
13 
14 




12 
13 
14 




12 
13 
14 




13 












14 





























The columns for the numbers 12, 13, 14, etc., shall not be over 
three-eighths of an inch wide. The columns for the tallies shall be 
three-eighths of an inch wide, the lines shall be three-eighths of an 
inch apart; every ten lines the captions of the columns shall be re- 
printed between double-ruled lines in bold-face small pica, and all 
figures shall be printed in bold-face small pica. The tally sheets shall 
conclude with the following form of certificate: 

We hereby certify that at the above primary nominating election 
and polling place each of the foregoing named persons received the 
number of votes set opposite his name, as above set forth, for the 
nomination for the office specified: 



., Chairman 

_, Judge 
., Judge 



, Clerk 

(Who kept this sheet.) 

, Clerk 

Clerk 

(Who kept the other sheet.) 



ELECTION LAWS OF MONTANA 169 

(3) During the counting of the ballots each clerk shall, with pen 
and ink, keep tally upon one of the above tally sheets, of each 
political party, and shall total the number of tallies and write the to- 
tal in ink immediately to the right of the last tallies for each candidate 
and also in the columns headed "Total Vote" and shall prepare the 
certificate thereto above indicated; and immediately upon the com- 
pletion of the count, all the clerks shall sign the tally sheets, and each 
of them shall certify which sheets were kept by him; and the chair- 
man and the judges being satisfied of the correctness of the same, 
shall then sign all of said tally sheets. The clerks shall then prepare 
a statement of that portion of the tally sheets showing the number 
and name and political party of each candidate for nomination and 
the office and total votes received by each in the precinct, and shall 
prepare the certificate thereto, which statement shall be signed by the 
judges and clerks who complete the count, and shall be immediately 
posted in a conspicuous place on the outside of said polls, there to re- 
main for ten days. 

23-908 (638). Poll-Books and Tally Sheets to Be Sealed and 
Returned. 

(1) Immediately after canvassing the votes in the manner 
aforesaid, the judges and clerks who complete the count, before they 
separate or adjourn shall inclose the poll-books in separate covers 
and securely seal the same. They shall also inclose the tally sheets 
in separate envelopes and seal the same securely. They shall also 
envelope all the ballots fastened together, as aforesaid, and seal the 
same securely; and they shall in writing, with pen and ink, specify 
the contents, and address each of said packages upon the outside 
thereof to the County Clerk of the county in which the election pre- 
cinct is situated. These sealed packages of counted ballots shall be 
marked on the outside, showing what numbers are contained therein, 
but once sealed they are not to be opened by any one until so or- 
dered by the proper court. 

(2) When the count is completed, the ballots counted and seal- 
ed, and enveloped and marked for identification as aforesaid, shall 
be packed in the two ballot-boxes, and nothing else shall be put into 
the boxes. The boxes shall then be locked, and the official seal 
of the board shall be pasted over the keyhole and over the rim of the 
lid of the box, so that the box cannot be opened without breaking the 
seal. Thereafter neither the County Clerk nor the canvassers making 
the abstracts of the votes shall break the said seals upon the ballot- 
boxes, nor shall any one break the seals on the boxes or the ballots, 
except upon the order of the proper court in case of contest, or upon 
the order of the county board when the boxes are needed for the en- 
suing election. 

23-909 (639). Political Party Nominations Made Exclusively as 
Herein Provided. Every political party which has cast three per cen- 
tum (3%) or more of the total vote cast for Representative in Congress 
at the next preceding general election in the county, district or State 
for which nominations are proposed to be made, shall nominate its 



170 ELECTION LAWS OF MONTANA 

candidates for public office in such county, district or State, under the 
provisions of this law, and not in any other manner; and it shall not 
be allowed to nominate any candidate in the manner provided by 
Section 23-801. Every political party and its regularly nominated 
candidates, members, and officers, shall have the sole and exclusive 
right to the use of the party name and the whole thereof, and no can- 
didate for office shall be permitted to use any word of the name of 
any other political party or organization than that of and by which 
he is nominated. No independent of non-partisan candidate shall be 
permitted to use any word of the name of any existing political party 
or organization in his candidacy. The names of candidates for pub- 
lic office nominated under the provisions of this law shall be printed 
on the official ballots for the ensuing election as the only candidates 
of the respective political parties for such public office in like man- 
ner as the names of the candidates nominated by other methods are 
required to be printed on such official ballots. 

Any political party that did not cast three per centum (3%) or 
more of the total vote cast for Representative in Congress, as above, 
and any new political party about to be formed or organized, may 
make nominations for public office as provided in Section 23-801. 

23-910 (640). Petitions for Nomination to Be Filed. 

(1) Any person who shall desire to become a candidate for 
nomination to any office under this law shall send by registered mail, 
or otherwise, to the Secretary of State, County Clerk, or City Clerk, 
a petition for nomination, signed by himself, accompanied by the 
filing fee hereinafter provided for, and such petition shall be filed 
and shall be conclusive evidence for the purpose of this law that 
such elector is a candiate for nomination by his party. All nomin- 
ating petitions pertaining to Congressional, State or District Offices to 
be voted for in more than one county, and for Judges of the District 
Court shall be filed in the offices of the Secretary of State; for County 
and District Offices, to be voted for in one county only, and for 
Township, and Precinct Offices, shall be filed in the office of the 
County Clerk; and for all City Offices in the office of the City Clerk. 

The fees required to be paid for filing such petitions shall be as 
follows: 

For any office with a salary attached of One Thousand Dollars 
($1,000.00) or less per annum, Ten Dollars ($10.00); except candidates 
for the State Senate and House of Representatives shall be Fifteen 
Dollars ($15.00). 

For any office with a salary attached of more than One Thou- 
sand Dollars ($1,000.00) per annum, one per cent (1%) of total amount 
of annual salary. 

For the office of County Commissioner in counties of the first 
class. Forty Dollars ($40.00); in counties of the second class, Thirty- 
Five Dollars ($35.00); in counties of the third class. Thirty Dollars 
($30.00); in counties of the fourth class Twenty-Five Dollars ($25.00)— 
in all other classes of counties, Ten Dollars ($10.00). 



ELECTION LAWS OF MONTANA 171 

For the office the compensation of which consists of fees instead 
of a salary, Five Dollars ($5.00). 

For State, County and Precinct Committeeman, Delegates to Na- 
tional Conventions and Presidential Electors no fees shall be re- 
quired to be paid. 

(2) Any person receiving the nomination by having his name 
written in on the primary ballot, and desiring to accept such nomina- 
tion, shall file with the Secretary of State, County Clerk, or City Clerk, 
a written declaration indicating his acceptance of said nomination 
within ten (10) days after the election at which he receives such nom- 
ination, and at the same time he shall pay to the officer with whom 
such declaration of acceptance is filed the fee above provided for 
filing a primary nominating petition for such office, provided that 
such person must receive at least five per cent (5%) of the votes cast 
for such office at the last preceding general election. No candidate 
receiving a nomination at a primary election as above provided shall 
have his name printed on the official ballot for the general election 
without complying with the provisions of this Section. 

23-911 (641). Form of Petition for Nomination. The petition for 
nomination required by the preceding section shall be substantially 
in the following form: 

To (name and title of officer with whom 

petition is to be filed) and to the members of the 

party and the electors of the (State or counties of 

comprising the district or county or city, as the 

case may be) in the State of Montana; 

I .reside at and my 

post office address is , I am a candidate of the 

party for the nomination for the office of 

at the primary nominating election to be held in the 

(State of Montana or district, or county or city) on the 

day of , 19 , and if I am nominated 

as the candidate of the party for such office I will accept 

the nomination and will not withdraw, and if I am elected I will 
qualify as such officer. 

If I am nominated and elected I will, during my term of office 
(Here the candidate, in not exceeding one hundred words, may state 
any measure or principles he especially advocates, and the form in 
which he wishes it printed after his name on the nominating ballot, 
in not exceeding twelve words.) 

Signature of Candidate for Nomination. 

Every such petition shall be signed as above by the elector 
seeking such nomination. 

23-912(644). Time for Filing Petitions for Nominations. All peti- 
tions for nomination under this Act for offices to be filled by the State 
at large or by any district consisting of more than one county, and 



172 ELECTION LAWS OF MONTANA 

nominating petitions for judges of district courts in districts consist- 
ing of a single county, shall be filed in the office of the Secretary of 
State not less than forty days before the date of the primary nom- 
inating election; and for other offices to be voted for in only one 
county, or district or city, every such petition shall be filed with the 
County Clerk or City Clerk as the case may be, not less than thirty 
days before the date of the primary nominating election. 

23-913 (645). Register of Candidates. The Secretary of State, 
County Clerk and City Clerk shall keep a book entitled "Register of 
Candidates for Nomination at the Primary Nominating Election," and 
shall enter thereon on different pages of the book for different 
political parties subject to the provisions of this law, the title of the 
office sought and the name and residence of each candidate for 
nomination at the primary election; the name of his political party; 
the date of receiving the petition for nomination signed by the can- 
didate; the words he wishes printed after his name on the nomin- 
ating ballot, if any; and such other information as may aid him in 
arranging his official ballot for said primary nominating election. 
Immediately after the canvass of votes cast at a primary nom- 
inating election is completed, the County Clerk, Secretary of State 
or City Clerk, as the case may be, shall enter in his book marked 
"Register of Nominations," the date of such entry, the name of each 
candidate nominated, the office for which he is nominated, and the 
name of the party making the nomination. 

23-914 (646). Such registers of candidates for nomination, and 
of nominations and petitions, letters and notices, and other writings 
required by law as soon as filed, shall be public records, and shall 
be open to public inspection under proper regulations; and when a 
copy of any such writing is presented at the time the original is filed, 
or at any time thereafter, and a request is made to have such copy 
compared and certified, the officers with whom such writing was 
filed shall forthwith compare such copy with the original on file, and, 
if necessary, correct the copy and certify and deliver the copy to the 
person who presented it on payment of his lawful fees therefor. All 
such writings, poll-books, tally sheets, ballots, and ballot stubs per- 
taining to primary nominating elections under the provisions of this 
Act shall be preserved as other records are for one (1) year after the 
election to which they pertain, at which time, unless otherwise or- 
dered or restrained by some court, the County Clerk shall destroy the 
ballots- and ballot stubs, by fire, without any one inspecting the 
same. 

(As amended by Chapter 75, Laws of 1949). 

23-915 (647). Vacancies in Nominations, How Filled. The pro- 
visions of Section 23-810 and 23-811 shall apply to nominations, or 
petitions for nominations, made under the provisions of this law, in 
case of the death of the candidate or his removal from the State or 
his county or electoral district before the date of the ensuing election, 
but in no other case. In case of any such vacancy by death or re- 
moval from the State, or from the county or electoral district, such va- 



ELECTION LAWS OF MONTANA 173 

cancy may be filled by the committee which has been given power 
by the political party or this law to fill such vacancies substantially 
in the manner provided by said Sections 23-810 and 23-811. 

23-916 (648). Arrangement and Notice of Nominations. Not 

more than forty days and not less than twenty-five days before the 
day fixed by law for the primary nominating election the Secretary of 
State shall arrange, in the manner provided by this law, for the ar- 
rangement of the names and other information upon the ballots, all 
the names of and information concerning all the candidates for nom- 
ination contained in the valid petitions for nomination which have 
been filed with him in accordance with the provisions of this law, and 
he shall forthwith certify the same under the seal of the State, and file 
the same in his office, and make and transmit a duplicate thereof by 
registered letter to the County Clerk of each county in the State, and 
he shall also post a duplicate thereof in a conspicuous place in his 
office and keep the same posted until after said primary nominating 
election has taken place. In case of emergency the Secretary of 
State may trinsmit such duplicate by telegraph. 

23-917(649). Arrangement of Ballots and Notice. Not more than 
thirty days, and not less than twenty days before the day fixed by 
law for the primary nominating election, the County Clerk of each 
county, or the City Clerk of each city, as the case may be, subject 
to the provisions of this law, shall arrange in the manner provided by 
this law for the arrangement of the names and other information con- 
cerning all the candidates and parties named in the valid petitions 
for nomination which have been filed with him and those which 
have been certified to him by the Secretary of State, in accordance 
with the provisions of this law; and he shall forthwith certify the same 
under the official seal of his office, and file the same in his office, 
and make and post a duplicate thereof in a conspicuous place in his 
office, and keep the same posted until after the primary nominating 
election has taken place; and he shall forthwith proceed and cause 
to be printed, according to law, the colored sample ballots and the 
official ballots required by this law. 

23-918 (650). Supplies Printed and Furnished by County. All 

blanks, ballots, poll books and other supplies to be used at any pri- 
maries shall be provided, and all expenses necessarily incurred in 
the preparation for, or conducting such primaries shall be paid out 
of the treasury of the county in the same manner and by the same 
officers as in the case of elections. 

23-919 (651). Ballots, How Arranged; Printed and Voted. 

(1) At all primary elections there shall be a ballot made up of 
the several party tickets herein provided for, each of which shall be 
printed on a separate sheet of white paper, and all of which shall be 
the same size, and shall be securely fastened together at the top and 
folded, provided that there shall be as many separate tickets as 
there are parties entitled to participate in said primary election. 

(2) The names of all candidates shall be arranged alphabetic- 
ally according to surnames, under the appropriate title of the re- 



174 ELECTION LAWS OF MONTANA 

spective officers, and under the proper party designation upon the 
party ticket, except as hereinafter provided. When two or more 
persons are candidates for nomination for the same office, it shall be 
the duty of the County Clerk in each of the counties of the State to 
divide the ballot forms provided by the law for the county, into sets 
so as to provide a substantial rotation of the names of the respective 
candidates as follows: 

(3) He shall divide the whole number of ballot forms for the 
county into sets equal in number to the greatest number of candi- 
dates for the nomination or election to any office, and he shall so 
arrange said sets that the names of the candidates shall, beginning 
with a form arranged in alphabetical order as provided herein, be 
rotated by removing one name from the top of the list for each nom- 
ination or office and placing said name or number at the bottom of 
the list for each successive set of ballot forms; provided, however, 
that no more than one of said sets shall be used in printing the bal- 
lots for use in any one precinct, and that all ballots furnished for 
use in any precinct shall be of one form and identical in every re- 
spect. If any elector write upon his ticket the name of any person 
who is a candidate for the same office upon some other ticket than 
that upon which his name is so written this ballot shall be counted 
for such person only as a candidate of the party upon whose ticket 
his name is written, and in no case shall be counted for such person 
as a candidate upon any other ticket. In case any person is nom- 
inated as provided in this Act, upon more than one ticket, he shall 
within ten (10) days after such election file with the Secretary of 
State, County Clerk or City Clerk, a written document indicating 
the party designation under which his name is to be printed on the 
official ballot for the general election, failing in which, his name shall 
be printed upon the party ticket for which his nominating petition 
shall have been filed, and no candidate shall have his name printed 
on more than one ticket; provided, however, that in the event a candi- 
date whose name has been printed upon the party ticket for which 
his nominating petition shall have been first filed shall fail of nom- 
ination upon the ticket upon which his name is so printed, his name 
shall not be printed upon any ballot under any party designation; 
and provided further that nothing in this Act shall preclude any 
elector from having his name printed upon the ballot as an Inde- 
pendent Candidate. 

(4) The ballots with the endorsement shall be printed on white 
paper in substantially the forms of the Australian Ballot, used in gen- 
eral elections, except that the candidates of each party shall be print- 
ed on a separate ticket or sheet. After preparing his ballot the elector 
shall detach the same from the remaining tickets and fold it so that 
its face will be concealed and with official stamp thereon seen. The 
remaining tickets attached together shall be folded in like manner by 
the elector who shall thereupon, without leaving the polling place, 
vote the marked ballot forthwith, and deposit the remaining tickets in 
the separate ballot box to be marked and designated as the blank 
ballot box. Immediately after the canvass, the judges of election 



ELECTION LAWS OF MONTANA 175 

shall, without examination, destroy the tickets deposited in the blank 
ballot-box. 

23-920 (652). Official and Sample Ballots — Preparation and 
Number. There shall be printed and furnished for each election pre- 
cinct a number of ballots equal to the number of voters registered in 
such voting precinct and entitled to vote at such primary nominating 
election. 

If any political party shall desire sample ballots its political com- 
mittee may order the same from the County Clerk or City Clerk who 
shall collect from such committee an amount sufficient to pay the 
cost of printing such sample ballots, and such sample ballots after 
being printed, shall, on the written order of the Clerk, be delivered to 
the committee ordering the same, but no such sample ballot shall be 
printed except on the order of the County or City Clerk. The sample 
ballots shall be duplicate impressions of the official ballots to be 
voted, but in no case shall they be white, nor shall said sample bal- 
lots have perforated stubs, nor shall they have the same margin 
either at the top or sides or bottom as the official ballots have, or 
nearer thereto than twelve points, and the names of the candidates 
on the tickets composing the same shall not be rotated as required 
for the official ballots, but shall be impressions of the tickets belong- 
ing to lot 1 of each party. 

23-921 (654). Canvass of Returns. (1) On the third day after 
the close of any primary nominating election, or sooner if all the re- 
turns be received, the County Clerk, taking to his assistance two 
Justices of the Peace of the county of different political parties, if prac- 
ticable, or two members of the Board of County Commissioners of 
the county of different political parties, if possible, or one Justice of 
the Peace and one member of the Board of County Commissioners of 
the county of different political parties, if practicable, shall proceed 
to open said returns and make abstracts of the votes. Such abstracts 
of votes for nominations for Governor and for Senator in Congress 
shall be on one separate sheet for each political party, and shall be 
immediately transmitted to the Secretary of State in like manner as 
other election returns are transmitted to him. Such abstract of votes 
for nomination of each party for Lieutenant Governor, Secretary of 
State, Attorney General, State Auditor, Superintendent of Public In- 
struction, Railroad Commissioners, Clerk of the Supreme Court, State 
Treasurer, Justices of the Supreme Court, Members of Congress, Judge 
of the District Court, and Members of the Legislative Assembly, who 
are to be nominated from a district composed of more than one 
county, shall be on one sheet, separately for each political party, and 
shall be forthwith transmitted to the Secretary of State, as required by 
the following section. 

(2) The abstract of votes for county and precinct officers shall 
be on another sheet separately for each political party; and it shall 
be the duty of said clerk immediately to certify the nomination for 
each party and enter upon his register of nominations the name of 
each of the persons having the highest number of votes for nom- 



176 ELECTION LAWS OF MONTANA 

ination as candidates for members of the legislative assembly, 
county, and precinct offices, respectively, and to notify by mail each 
person who is so nominated; provided, that when a tie shall exist 
between two or more persons for the same nomination by reason of 
said two or more persons having an equal and the highest number of 
votes for nomination by one party to one and the same office, the 
County Clerk shall give notice to the several persons so having the 
highest and equal number of votes to attend at his office at a time to 
be appointed by said Clerk, who shall then and there proceed pub- 
licly to decide by lot which of the persons so having an equal num- 
ber of votes shall be declared nominated by his party; and said 
Clerk shall forthwith enter upon his register of nominations the name 
of the persons thus duly nominated, in like manner as though he had 
received the highest number of votes of his party for that nomination; 
and it shall be the duty of the County Clerk of every county, on re- 
ceipt of the returns of any general primary nominating election, to 
make out his certificate stating therein the compensation to which 
the judges and clerks of election may be entitled for their services, 
and lay the same before the county Board of County Commissioners 
at its next term, and the said board shall order the compensation 
aforesaid to be paid out of the County Treasury. In all primary 
nominating elections in this State, under the provisions of this law, 
the person having the highest number of votes for nomination to any 
office shall be deemed to have been nominated by his political party 
for that office. 

23-922 (655). Duties of County Clerk After Canvass of Vote — 
State Canvass. The County Clerk, immediately after making the 
abstracts of votes given in his county, shall make a copy of each 
of said abstracts and transmit it by mail to the Secretary of State, at 
the seat of government; and it shall be the duty of the Secretary of 
State, in the presence of the Governor and the State Treasurer, to pro- 
ceed within fifteen days after the primary nominating election, and 
sooner, if all returns be received, to canvass the votes given for nom- 
ination for Governor, Senator in Congress, Lieutenant-Governor, At- 
torney General, Superintendent of Public Instruction, Railroad Com- 
missioners, Secretary of State, State Treasurer, State Auditor, lustices 
of the Supreme Court, Clerk of the Supreme Court, Members of Con- 
gress, Judges of the District Court, Senators and Representatives, and 
all other officers to be voted for by the people of the State, or of any 
district comprising more than one county; and the Governor shall 
grant a certificate of nomination to the person having the highest 
number of votes for each office, and shall issue a proclamation de- 
claring the nomination of each person by his party. In case there 
shall be no choice for nomination for any office by reason of any two 
or more persons having an equal and the highest number of votes 
of his party for nomination for either of said offices, the Secretary of 
State shall immediately give notice to the several persons so having 
the highest and equal number of votes to attend at his office, either 
in person or by attorney, at a time to be appointed by said Secretary, 
who shall then and there proceed to publicly decide by lot which of 
said persons so having an equal number of votes shall be declared 



ELECTION LAWS OF MONTANA 177 

duly nominated by his party; and the Governor shall issue his 
proclamation declaring the nomination of such person or persons, as 
above provided. 

23-923 (656). Error in Ballot or Count. Whenever it shall ap- 
pear by affidavit to the District Court or Judge thereof, or to the 
Supreme Court or Judge thereof, that an error or omission has oc- 
curred or is about to occur in the printing of the name of any candi- 
date or other matter on the official primary nominating election bal- 
lots or that any error has been or is about to be committed in the 
printing of the ballots, or that the name of any person or any other 
matter has been or is about to be wrongfully placed upon such bal- 
lots, or that any wrongful act has been performed by any judge or 
clerk of the primary election, County Clerk, canvassing board or 
member therefor, or by any person charged with a duty under this 
Act, or that any neglect of duty by any of the persons aforesaid has 
occurred or is about to occur, such court or judge shall by order re- 
quire the officer or person or persons charged with the error, wrong- 
ful act, or neglect, to forthwith correct the error, desist from the wrong- 
ful act, or perform the duty and do so as the court shall order, or 
show cause forthwith why such error should not be corrected, wrong- 
ful act desisted from, or such duty or order performed. Failure to 
obey the order of any such court or judge shall be contempt. Any 
person in interest or aggrieved by the refusal or failure of any person 
to perform any duty or act required by this law shall, without deroga- 
tion to any other right or remedy, be entitled to pray for a mandamus 
in the District Court of appropriate jurisdiction, and any proceedings 
under the provisions of this law shall be immediately heard and de- 
cided. 

23-924 (657). Secretary of State May Send for Returns. If the 

returns and abstracts of the primary nominating election of any 
county in the State shall not be received at the office of the Secretary 
of State within twelve days after said election, the Secretary of State 
shall forthwith send a messenger to the county board of such county, 
whose duty it shall be paid to furnish said messenger with a copy of 
said returns, and the said messenger shall be paid out of the county 
treasury of such county the sum of twenty cents for each mile he 
shall necessarily travel in going to and returning from said county. 
The County Clerk, whenever it shall be necessary for him to do so 
in order to send said returns and abstracts within the time above 
limited, may send the same by telegraph, the message to be re- 
peated, and the county shall pay the expense of such telegram. 

23-925 (658). Penalty for Official Misconduct. If any judge or 
clerk of a primary nominating election, or other officers or persons on 
whom any duty is enjoined by this law, shall be guilty of any wilful 
neglect of such duty, or of any corrupt conduct in the discharge of the 
same, such judge, clerk, officer or other person, upon conviction 
thereof, shall be punished by imprisonment in the penitentiary not 
less than one year nor more than five years, or by imprisonment in 
the county jail not less than three months nor more than one year, 



178 ELECTION LAWS OF MONTANA 

or by fine not less than One Hundred Dollars nor more than Five 
Hundred Dollars. 

23-926 (659). Notice of Contest. Any person wishing to contest 
the nomination of any other person to any State, county, district, town- 
ship, precinct, or municipal office may give notice in writing to the 
person whose nomination he intends to contest that his nomination 
will be contested stating the cause of such contest briefly, within five 
days from the time said person shall claim to have been nominated. 

23-927 (660). Service of Notice — Contest — How Heard. Said 
notice shall be served in the same manner as a summons issued 
out of the District Court three days before any hearing upon such 
contest as herein provided shall take place, and shall state the time 
and place that such hearing shall be had. Upon the return of said 
notice served to the Clerk of the Court he shall thereupon enter the 
same upon his issue docket as an appeal case, and the same shall be 
heard forthwith by the District Court; provided, that if the case can 
not be determined by the District Court in term time, within fifteen 
days after the termination of such primary nominating election, the 
Judge of the District Court may hear and determine the same at 
chambers forthwith, and shall make all necessary orders for the trial 
of the case and carrying his judgment into effect; provided, that the 
District Court provision of this section shall not apply to township or 
precinct officers. In case of contest between any persons claiming 
to be nominated to any township or precinct office, said notice shall 
be served in the manner aforesaid, and shall be returned to the Dis- 
trict Court of the county. 

23-928 (661). Contest— How Tried and Decided. Each party to 
such contest shall be entitled to subpoenas, subpoenas duces tecum, 
as in ordinary cases of law; and the court shall hear and determine 
the same without the intervention of a jury, in such manner as shall 
carry into effect the expressed will of a majority of the legal voters 
of the political party, as indicated by their votes for such nominations, 
not regarding technicalities or errors in spelling the name of any 
candidate for such nomination; and the County Clerk shall issue a 
certificate to the person declared to be duly nominated by said 
court, which shall be conclusive evidence of the right of said person 
to hold said nomination; provided, that the judgment or decision of 
the District Court in term time, or a decision of the Judge thereof in 
vacation, as the case may be, may be removed to the Supreme Court 
in such manner as may be provided for removing such causes from 
the District Court to the Supreme Court. 

23-929 (662). County and City Central Committeemen. How 
Elected. (1) There shall be elected by each political party, subject 
to the provisions of this law, at said primary nominating election, two 
committeemen, one of which shall be a man and one of which shall 
be a woman, for each election precinct, who shall be residents of 
such precincts. Any elector may be placed in nomination for com- 
mitteeman of any precinct by a writing so stating, signed by such 
elector, and filed in the office of the county clerk within the time re- 



ELECTION LAWS OF MONTANA 179 

quired in this act for the filing of petitions naming individuals as can- 
didates for nomination at the regular biennial primary election. The 
names of the various candidates for precinct committeemen of each 
political party shall be printed on the ticket of the same in the same 
manner as other candidates and the voter shall express his choice 
among them in like manner as for such other candidates. 

(2) The committeemen thus elected shall be the representatives 
of their political party in and for such precinct in all ward or sub- 
division committees that may be formed. The committeemen elected 
in each precinct in each county shall constitute the county central 
committee of each of said respective political parties. Those commit- 
teemen who reside within the limits of any incorporated city or town 
shall constittue ex-officio the city central committee of each of said 
respective political parties and shall have the same power and juris- 
diction as to the business of their several parties in such city matters 
that the county committee have in county matters, save only the 
power to fill vacancies in said committee, which power is vested in 
the county central committee. Each committeeman shall hold such 
position for the term of two years from the date of the first meeting of 
said committee immediately following their election. 

(3) In case of a vacancy happening, on account of death, resig- 
nation, removal from the precinct, or otherwise, the remaining mem- 
bers of said county committee may select a committeeman to fill the 
vacancy and he shall be a resident of the precinct in which the va- 
cancy occurred. Said county and city central committees shall have 
the power to make rules and regulations for the government of their 
respective political parties in each county and city, not inconsistent 
with any of the provisions of this law, and to elect two county mem- 
bers of the state central committee, one of which shall be a man and 
one of which shall be a woman, and the members of the congres- 
sional committee, and said committee shall have the same power to 
fill all vacancies and make rules in their jurisdiction that the county 
committees have to fill county vacancies and to make rules. 

(4) Said county and city central committee shall have the power 
to make nomination to fill vacancies occurring among the candidates 
of their respective parties nominated for city or county offices by the 
primary nominating election where such vacancy is caused by death, 
resignation or removal from the electoral district, but not otherwise. 

(5) Said committee shall meet within thirty days after the can- 
didates of their respective political parties shall have been nom- 
inated, and shall organize by electing a chairman and one or more 
vice-chairmen, provided that either the chairman or first vice-chair- 
man, shall be a woman. They shall also elect a secretary and such 
other officers as they shall think proper. It shall not be necessary 
for such officers to be precinct committeemen or committeewomen. 
They may select manageing or executive committees and authorize 
such subcommittees to exercise any and all powers conferred upon 
the county, city, state and congressional central committees respec- 
tively by this law. The chairman of the county central committee 



180 ELECTION LAWS OF MONTANA 

shall call said central committee meeting and not less than fifteen 
days before the date of said central committee meeting shall publish 
said call in a newspaper published at the county seat and shall mail 
a copy of the call, enclosing a blank proxy, to each precinct commit- 
teeman. No proxy shall be recognized unless held by an elector 
of the precinct of the committeeman executing the same. 

(As amended by Chapter 64, Laws of 1951). 

23-930 (663). National Committeemen — Selection and Term. 

The State Central Committee of each political party in the State of 
Montana shall select one national committeeman and one national 
committeewoman. The chairman of the State Central Committee 
shall at once file with the National Committee the names of the na- 
tional committeeman and national committeewoman so selected, and 
it shall be the duty of the chairman of the delegation to the national 
convention of each political party to report to the national conven- 
tion the names of the persons so selected to be the national commit- 
teeman and the national committeewoman of his political party for 
the State of Montana. Said committeeman and committeewoman 
shall represent said political party as members of the National Com- 
mittee of said party and shall be selected in each year in which a 
President and Vice-President of the United States are elected, and 
such selection shall be made prior to the meeting of the national 
conventions of the respective political parties. The national com- 
mitteeman and committeewoman shall hold office for a term of 
four years. 

23-931 (665). Penalty for Violation of Law. If any candidate 
for nomination shall be guilty of any wrongful or unlawful act or acts 
at a primary nominating election which would be sufficient, if such 
wrongful or unlawful act or acts had been done by such candidate 
as the regular general election, to cause his removal from office, he 
shall, upon conviction thereof, be removed from office in like manner 
as though such wrongful or unlawful act or acts had been committed 
at a regular general election, notwithstanding that he may have been 
regularly elected and shall not have been guilty of any wrongful or 
unlawful act at the election at which he shall have been elected to 
his office. 

23-932 (666). Candidates to Formulate State Platform. The can- 
didates for the various state offices, and for the United States Senate, 
Representatives in Congress and the Legislative Assembly nom- 
inated by each political party at such primary, and Senators of such 
political party, whose term of office extends beyond the first Monday 
in January of the year next ensuing, and the members of the State 
Central Committee of such political party, shall meet at the call of the 
chairman of the State Central Committee not later than September 
fifteenth next preceding any general election. They shall forthwith 
formulate the State platform of their party. They shall thereupon 
proceed to elect a chairman of the State Central Committee and per- 
porm such other business as may properly be brought before such 
meeting. 



ELECTION LAWS OF MONTANA 161 

23-933 (667). Penalty for Bribery, etc. Any person who shall 
offer, or with knowledge of the same permit any person to offer for 
his benefit, any bribe to a voter to induce him to sign any nomination 
paper, and any person who shall accept any such bribe or promise 
of gain of any kind in the nature of a bribe as consideration for sign- 
ing the same, whether such bribe or promise of gain in the nature 
of a bribe be offered or accepted before or after such signing, shall 
be guilty of a misdemeanor, and upon trial and conviction thereof 
be punished by a fine of not less than Twenty-five nor more than One 
Thousand Dollars, and by imprisonment in the county jail of not less 
than ten days nor more than six months. 

23-934 (686). General Penal Laws Applicable. Any act de- 
clared an offense by the general laws of this State concerning cau- 
cuses, primaries and elections shall also, in like case, be cm offense 
in and as to all primaries as herein defined, and shall be punished 
in the same form and manner as therein provided, and all the pen- 
altis and provisions of the law as to such caucuses, primaries and 
elections, except as herein otherwise provided, shall apply in such 
case with equal force, and to the same extent as though fully set 
forth in this Act. 

23-935 (669). Forgery and Suppression of Nomination Papers. 

Any person who shall forge any name of a signer or a witness to a 
nomination paper shall be guilty of forgery, and on conviction pun- 
ished accordingly. Any person who, being in possession of nom- 
ination papers entitled to be filed under this Act, or any Act of the 
Legislature, shall wrongfully either suppress, neglect or fail to cause 
the same to be filed at the proper time in the proper office, shall on 
conviction, be punished by imprisonment in the county jail not to 
exceed six months, or by a fine not to exceed One Thousand Dollars, 
or by both such fine and imprisonment in the discretion of the court. 

23-936 (670). General Laws Applicable to This Enactment. The 

provisions of the laws of this State now in force in relation to the hold- 
ing of elections, the solicitation of voters at the polls, the challenging 
of voters, the manner of conducting elections, of counting the ballots 
and making return thereof, the appointment and compensation of of- 
ficers of election, and all other kindred subjects, shall apply to all 
primaries, insofar as they are consistent with this Act, the intent of 
this act, being to place the primary under the regulation and protec- 
tion of the laws now in force as to elections. 

CHAPTER 10 

PRESIDENTIAL ELECTORS AND DELEGATES TO 
NATIONAL CONVENTIONS 

23-1001 (673.1). Political Party Defined. The term Political Party 
as used in this Act shall include any party conducted for political 
purposes, which now has or hereafter shall perfect a national organ- 
ization. 



182 ELECTION LAWS OF MONTANA 

23-1002 (673.2). Exclusive Method of Selecting Presidential 
Electors and Delegates to National Political Conventions — Committee- 
men and Chairman. All political parties in Montana shall hereafter 
nominate their presidential electors and elect their delegates to 
national conventions in the manner provided by this Act. It shall be 
the duty of each political party to select in each county in the State 
in such manner as is now provided by law, or by the rules of the 
party in case the law does not so provide, a precinct committeeman 
for each election precinct, a county chairman in each county and a 
State chairman. 

23-1003 (673.3). County Conventions — Notice of Holding — Pro- 
ceedings When No Central Committee Exists. In each year when a 
President of the United States is to be chosen a county convention 
shall be held by each political party on the second Tuesday in May 
in each county in the State, composed of the county precinct commit- 
teemen of the party. The chairman of the County Central Committee 
shall call said county convention and, not less than ten days nor 
more than two weeks before the date of the convention, shall pub- 
lish said call in a newspaper published at the county seat and shall 
mail a copy of the call to each precinct committeeman. In the event 
there is no County Central Committee in any county, the State Cen- 
tral Committee of the political party having no County Central Com- 
mittee in said county shall appoint a County Central Committee 
therein and said County Central Committee shall have the same pow- 
ers and duties as County Central Committee selected as now pro- 
vided by law. 

Section 23-1004. Presiding Officer — Proxies. The county chair- 
man of the party shall preside at the county convention. No person 
other than a duly elected or appointed precinct committeeman, com- 
mitteewoman, or officer of the committee shall be entitled to partici- 
pate in the proceedings of the committee. No proxy shall be recog- 
nized unless held by an elector of the precinct of the committeeman 
executing the same. In case of the absence of any precinct commit- 
teeman or committeewoman and his duly appointed proxy, the con- 
vention may fill the vacancy by appointing some qualified elector 
of the party, resident in the precinct, to represent such precinct in the 
convention. 

(As amended by Chapter 64, Laws of 1951). 

23-1005 (673.5). Organization of County Convention — Certifi- 
cates of Election — Delegates to State Convention. Said county con- 
vention shall organize by the appointment of a secretary, who, with 
the chairman of the meeting, shall issue and sign certificates of elec- 
tion to the delegates and alternates elected by the convention. The 
convention shall elect delegates and alternate delegates to attend the 
state convention, in a number equal to the total number of State 
Senators and Representatives elected from said county to the Legis- 
lative Assembly. 

23-1006 (673.6). Time of State Convention — Election of Presi- 
dential Electors and Delegates to National Convention. On the third 



ELECTION LAWS OF MONTANA 183 

Tuesday in May the delegates (or alternate delegates in case any 
elected delegates cannot attend) shall hold a State convention at the 
seat of government for the purpose of electing delegates and alter- 
nates to the national convention of the party, and presidential 
electors. 

23-1007 (673.7). Conduct of State Convention. Said State conven- 
tion shall be conducted in accordance with the party rules, subject, 
however, to the following requirements: 

The chairman of the State Central Committee shall call the State 
convention and shall publish the call at least once in a newspaper 
published at the seat of the government. Said call shall be pub- 
lished not less than ten (10) days nor more than two (2) weeks before 
the date of the convention and a copy of the call shall be mailed to 
the county chairman in each county. The chairman of the State Cen- 
tral Committee shall preside over the convention and, together with a 
secretary chosen by the convention, shall sign certificates of election, 
which shall be delivered as credentials to the several persons elected 
by the convention as delegates to the national convention of said 
party, and certificates of nomination for presidential electors for said 
party which shall be filed with the Secretary of State. Only 
regularly elected delegates or alternates shall be entitled to sit in said 
convention or participate in its proceedings and no proxies shall be 
recognized by the convention. In case of the absence of a member 
or members of the delegation elected from any county the delegates 
present for said county shall be entitled to cast a number of votes 
equal to the number of delegates elected to the convention from said 
county. 

23-1008 (673.8). Payment of Convention Expenses. The entire 
expense of conducting the county and State conventions herein pro- 
vided for shall be defrayed by the several political parties, except 
that each elected delegate or alternate who shall attend the State 
convention and participate therein shall receive the sum of five (5c) 
cents per mile for each mile actually traveled by him in going to and 
returning from said convention, said mileage to be computed by the 
shortest practicable route, and to be paid out of the general funds of 
the county in the same manner as other election expenses. 

CHAPTER 11 

BALLOTS — PREPARATION AND FORM 

23-1101(677). Ballots, How Printed and Distributed. All ballots 
cast in elections for public officers within the State (except school dis- 
trict officers), must be printed and distributed at public expense as 
provided in this chapter. The printing of ballots and cards of in- 
struction for the elections in each county, and the delivery of the 
same to the election officers is a county charge, and the expense 
thereof must be paid in the same manner as the payment of other 
county expenses, but the expense of printing and delivering the bal- 
lots must, in the case of municipal elections, be a charge upon the 
city or town in which such election is held. 



184 ELECTION LAWS OF MONTANA 

23-1102 (678). County Clerk to Provide Printed Ballots. Except 
as in this chapter otherwise provided, it shall be the duty of the 
County Clerk of each county to provide printed ballots for every elec- 
tion for public officers in which electors or any of the electors within 
the county participate, and to cause to be printed on the ballot the 
names of all candidates, including candidates for Chief Justice and 
Associate Justices of the Supreme Court and Judges of the District 
Courts, whose names have been certified to, or filed with the County 
Clerk, in the manner provided in this chapter. Ballots other than 
those printed by the respective County Clerks, according to the pro- 
visions of this Chapter, must not be cast or counted in any election. 
Any elector may write or paste on his ballot the name of any person 
for whom he desires to vote for any office, but must mark the same as 
provided in Section 23-1210 and when a ballot is so marked it must 
be counted the same as though the name is printed upon the ballot 
and marked by the voter. Any voter may take with him into the 
polling-place any printed or written memorandum or paper to assist 
him in marking or preparing his ballot except as otherwise provided 
in the chapter. 

23-1103 (679). Municipal Clerk to Act in Municipal Elections. In 

all municipal elections the City Clerk must perform all the duties pre- 
scribed for County Clerks in this chapter. 

23-1104 (680). Pasters to Be Printed and Distributed Where Va- 
cancy Has Been Filled. When any vacancy occurs before election 
day and after the printing of the ballots, and any person is nominated 
according to the provisions of this Code to fill such vacancy, the 
officer whose duty it is to have the ballots printed and distributed 
must thereupon have printed a requisite number of pasters contain- 
ing the name of the new nominee, and must mail them by registered 
letter to the judges of election in the various precincts interested in 
such election, and the judges of election, whose duty it is made by 
the provisions of this chapter to distribute the ballots, must affix 
such pasters over the name for which substitution is made in the 
proper place on each ballot before it is given out to the elector. 

23-1105 (681). Form, Color and Size of Ballot. Ballots for all 
general elections prepared under the provisions of this Chapter must 
be white in color and of a good quality of paper and the names 
must be printed thereon in black ink. The ballots used in any one 
county must be uniform in size, and every ballot must contain the 
name. of every candidate whose nomination for any special office 
specified in the ballot has been certified or filed according to the pro- 
visions of law and no other names, except that the names of candi- 
dates for President and Vice-President of the United States shall ap- 
pear on the ballot as provided for by Section 23-2101; as amended 
by Chapter 79, Laws of 1949. 

23-1106. Names and Party of Candidate to Be Printed on Ballot. 

The name of each candidate nominated shall be printed upon the 
ballot in but one place and there shall be added after and directly 
opposite to the name of each candidate nominated, the party or 



ELECTION LAWS OF MONTANA 185 

political designation contained in the certificate of nomination of 
such candidate in not more than three (3) words, except that the po- 
litical designation of electors for President and Vice-President of the 
United States shall be opposite the whole list thereof, and the names 
of candidates for Chief Justice, Associate Justices, and District Court 
Judges shall each be followed by the following words directly under- 
neath the name of the candidate: "Nominated without party desig- 
nation." It is provided, however, that whenever any person is nom- 
inated for the same office by more than one party the designation of 
the party which first nominated him shall be placed opposite his 
name unless he declines in writing, one or more of such nominations 
or by written election indicates the party designation which he de- 
sires printed opposite his name; or if he is nominated by more than 
one party at the same time he shall within the time fixed by law for 
filing certificates of nomination, file with the officer with whom his cer- 
tificate of nomination is required to be filed, a written election in- 
dicating the party designation which he desires printed opposite his 
name, and it shall be so printed. If he shall fail or neglect to file 
such an election no party designation shall be placed opposite his 
name. 23-2101; as amended by Chapter 79, Laws of 1949. 

23-1107. Arrangement of Names — Rotation in Ballot. The 

names of all candidates shall be arranged alphabetically according 
to surnames under the appropriate title of the respective offices. It 
is provided, however, that, while all of the candidates for the par- 
ticular office shall remain together in the same box, yet the candi- 
dates of the two major parties shall appear on the ballot before and 
above the candidates of the minor parties and independent candi- 
dates. For the purpose of designating the candidates of the two 
major parties, they shall be those candidates of the two parties 
whose candidates for Governor, excluding independent candidates, 
have been either first or second, (by receiving the highest or next 
highest number of votes cast for the office of Governor at the par- 
ticular election) the greatest number of times at the next preceding 
four (4) general elections. In case of a tie in the number of first or 
second places, the determination shall be made by going back 
enough preceding elections to break the tie and no further. All other 
candidates shall be designated as either independent candidates 
or as belonging to minor parties. When two or more persons are 
candidates for election to the same office, including presidential and 
vice-presidential candidates, it shall be the duty of the County Clerk 
in each of the counties of the state to divide the ballot forms provided 
by the law for the county, into sets so as to provide a substantial 
rotation of the names of the respective candidates as follows: 

He shall divide the whole number of ballot forms for the county 
into sets equal in number to the greatest number of candidates for 
any office, and he shall so arrange said sets that the names of the 
candidates shall, beginning with a form arranged in alphabetical or- 
der, (for the purposes of rotation of presidential and vice-presidential 
candidates, the office of President and Vice-President, together with 
presidential electors shall be considered as a group and alphabetized 



186 ELECTION LAWS OF MONTANA 

under the name of the candidate for president), be rotated by remov- 
ing one name from the top of the list for each office and placing said 
name or number at the bottom of that list for each successive set of 
ballot forms; provided, however, that no more than one of said sets 
shall be used in printing the ballot for use in any one precinct, and 
that all ballots furnished for use in any precinct shall be of one form 
and identical in every respect. It is further provided that candidates 
of the two major parties as hereinabove defined shall be rotated as 
one group and the candidates of the minor parties and independent 
candidates shall be rotated as another group so that the candidates 
of the two major parties for a particular office shall appear on the 
ballot before and above any candidates of the minor parties or in- 
dependent candidates. 

(As amended by Chapter 79, Laws of 1949. 

23-1108. Placement on Ballot of Candidates for State Senate or 
House of Representatives. At any State or county election in which 
a member of the State Senate or House of Representatives is to be 
elected or nominated, and subject to the provisions of Sections 23-919 
and 23-1105, the list of candidates for such offices shall be arranged 
on the ballot immediately following the other State offices and shall 
precede any county office on such ballot. 

23-1109. Columns and Material to Be Printed on Ballots. 

Each ballot shall contain at the top the stub as provided by 
Section 23-1114, and directly underneath the perforated line shall 
be the following in bold face type, 'VOTE IN ALL COLUMNS'. Each 
ballot shall contain two (2), and not more than two (2) columns for 
the election of state, national, county and township officers. The 
first two columns and no others shall be used for the election of of- 
ficers. Provided, however, that a third column and as many addi- 
tional columns as may be necessary shall be used for constitutional 
amendments, and initiative and referendum measures which do not 
involve the creation of a State levy, debt or liability. In the first 
column and the left, which shall be designated at the head with the 
words, 'STATE AND NATIONAL', in large bold face type, shall be 
listed all candidates for state and national offices, including Supreme 
Court Justices, and District Court Judges, and in the second column, 
which shall be desiganted at the head with the words, 'COUNTY 
AND TOWNSHIP', in large bold face type, shall be listed all can- 
didates for the Legislative Assembly, county and township offices. 
The third column and any additional column shall be designated at 
the head with the words INITIATIVES, REFERENDUMS, AND CON- 
STITUTIONAL AMENDMENTS', in large bold face type, and listed 
thereunder shall be all proposed constitutional amendments and 
measures to be voted on by the people at such election which do 
not involve the creation of any State levy, debt or liability. All pro- 
posed constitutional amendments, initiative and referendum meas- 
ures or other measures which do not involve the creation of any 
State levy, debt or liability, may be submitted to the voters on the 
official ballot upon the form provided for in Section 23-1112. All 
such measures which involve the creation of a State levy, debt or 



ELECTION LAWS OF MONTANA 187 

liability shall be submitted to the qualified voters upon a separate 
official ballot in substantial conformity with the form provided for 
in Section 23-1112 for the submission of such measures. In case 
there are no such measures to be submitted, said third column shall 
be eliminated. The columns shall be separated by two straight lines 
at least one-half inch apart. (As amended by Chapter 79, Laws of 
1949). 

23-1110 Words to Be Printed. At the bottom of the first column, 
or the column to the left, there shall be placed the following words, 
'VOTE FOR COUNTY AND TOWNSHIP OFFICES IN THE NEXT 
COLUMN.' At the bottom of the second column, if there be any 
initiatives, referendums or constitutional amendments, and every 
column except the last column, there shall be the following words, 
'VOTE ON INITIATIVES, REFERENDUMS AND CONSTITUTIONAL 
AMENDMENTS IN THE NEXT COLUMN'. (As amended by Chapter 
79, Laws of 1949). 

23-1 1 1 1. Order of Placement. The order of the placement of the 
offices on the ballot in the first column, or to the left, designated 
'STATE AND NATIONAL', shall be as follows: 'President and Vice- 
President, together with the presidential electors; United States Sen- 
ator; United States Representative in Congress; Governor; Lieutenant 
Governor; Secretary of State; Attorney General; State Treasurer; 
State Auditor; Railroad and Public Service Commissioners; State Su- 
perintendent of Public Instruction; Clerk of the Supreme Court; Chief 
Justice of the Supreme Court; Associate Justice or Justices of the Su- 
preme Court; District Court Judges'; provided, however, that in the 
years in which any of such offices are not to be elected, such offices 
shall not be designated, but the order of those offices to be filled 
shall maintain their relative positions as herein provided. 

In the second column, designated, 'COUNTY AND TOWNSHIP', 
the following order of placement shall be observed: 'State Senator; 
Member or Members of the House of Representatives; Clerk of Dis- 
trict Court; County Commissioner; County Clerk and Recorder; Sher- 
iff; County Attorney; County Auditor. Such other offices to be 
elected shall be placed following the foregoing in the order deemed 
most appropriate by the County Clerk. In the third column constitu- 
tional amendments shall come first with referendum and initiative 
measures following. (As amended by Chapter 79, Laws of 1949). 

23-1112. Ballot to Facilitate Expression of Voter's Choice. In 

case of a short term and a long term election for the same office, the 
long term office shall precede the short term. The ballots shall be so 
printed as to give each voter a clear opportunity to designate his 
choice of candidates by a cross mark, (X) in a square at the left of 
the name of each candidate. Above each group of candidates for 
each office shall be printed the words designating the particular of- 
fice in bold face capital letters and directly underneath the words, 
'VOTE FOR' followed by the number to be elected to such office. As 
nearly as possible the ballot shall be in the following form: (Stub 
hereinafter provided for by Section 23-1114 



188 



ELECTION LAWS OF MONTANA 

Perforated Line 



VOTE IN ALL COLUMNS 



STATE AND NATIONAL 



To Vote lor the Presiden- 
tial Electors of Any Party, 
the Voter Shall Place a 
Cross In the Square Before 
the Names of the Candidates 
for President and Vice- 
President of said Party. 

FOR PRESIDENTIAL 
ELECTORS TO VOTE FOR 
PRESIDENT AND 
VICE-PRESIDENT OF 
THE UNITED STATES. 

VOTE FOR ONE 

For President Democrat 
of the United States. 



JOHN DOE 
For Vice- 
President of the 
United States. 
RICHARD ROE 



For Presidential Electors: 
Jane Doe, Helen Doe, 
Pete Moe, Milton Moe 



COUNTY AND TOWNSHIP INITIATIVES, REFEREN- 

DUMS AND CONSTITU- 
TIONAL AMENDMENTS. 



(Same with other candidates 
for President and 



Vice- 



President together with 
blank space for write-in.) 

FOR UNITED STATES 
SENATOR 

VOTE FOR ONE 



□ Frank Roe 

□ Guy Doe 

□ 



Democrat 
Republican 



(Same for Congressmen, 
Governor, Lieutenant Gov- 
ernor, Secretary of State, 
Attorney General, State 
Treasurer, State Auditor, 
Railroad and Public Serv- 
ice Commissioners, State 
Superintendent of Public 
Instruction and Clerk of 
the Supreme Court.) 



FOR CHIEF JUSTICE OF 
THE SUPREME COURT 

VOTE FOR ONE 

□ Richard K. O'Doe 

(Nominated without 
party designation.) 

^ Tom Row 

(Nominated without 
party designation.) 



FOR STATE SENATOR 

VOTE FOR ONE 

□ Bill Doe Republican 



□ John Roe 



Democrat 



CONSTITUTIONAL 

AMENDMENTS 



FOR A MEMBER 
OF THE HOUSE OF 
REPRESENTATIVES 



VOTE FOR TWO 

□ Allen Doe Republican 

□ Frank Doe Republican 



□ For the 

Amendment 

□ Against the 

Amendment 



□ A. R. Roe 



□ Ole Roe 



Democrat 



Democrat 



(Continued in like manner 
for all county and town- 
ship officers.) 



REFERENDUM NO. 1 



(Continued in like manner 
for Associate Justice and 
Judges of the District ! 
Court.) 



(VOTE ON INITIATIVES, 
REFERENDUMS AND 



D For 

Referendum No. 1 

□ Against 

Referendum No. 1 



INITIATIVE NO. 1 



D For 

Initiative No. 1 

□ Against 

Initiative No. 1 



(VOTE FOR COUNTY AND CONSTITUTIONAL 
TOWNSHIP OFFICERS IN AMENDMENTS IN THE 
THE NEXT COLUMN.) , NEX T COLUMN.) 



ELECTION LAWS OF MONTANA 189 

and continuing in like manner as to all candidates, constitutional 
amendments, initiatives, and referendums voted on at such election. 
(As amended by Chapter 79, Laws of 1949). 

23-1113 (683). Blank Space and Margin. Below the names of 
candidates for each office there must be left a blank space large 
enough to contain as many written names of candidates as there 
are persons to be elected. There must be a margin on each side of 
at least half an inch in width, and a reasonable space between the 
names printed thereon, so that the voter may clearly indicate, in 
the way hereinafter provided, the candidate or candidates for whom 
he wishes to cast his ballot. 

23-1114 (684). Stub, Size and Contents. The ballot shall be 
printed on the same leaf with a stub, and separated therefrom by a 
perforated line. The part above the perforated line, designated as 
the stub, shall extend the entire width of the ballot, and shall be of 
sufficient depth to allow the following instructions to voters to be 
printed thereon, such depth to be not less than two inches from the 
perforated line to the top thereof, upon the face of which stub shall 
be printed, in type known as brevier capitals, the following: "This 
ballot should be marked with an 'X' in the square before the name 
of each person or candidate for whom the elector intends to vote. In 
cases of a ballot containing a constitutional amendment, or other 
question to be submitted to a vote of the people, by marking an 'X' 
in the square before the answer of the question or amendment sub- 
mitted. The elector may write in the blank spaces, or paste over 
another name, the name of any person for whom he wishes to vote, 
and vote for such person by marking an 'X' in the square before such 
name." On the back of the stub shall be printed or stamped by the 
County Clerk, or other officer whose duty it is to provide the ballots, 
the consecutive number of the ballot, beginning with number "1," 
and increasing in regular numerical order to the total number of bal- 
lots required for the precinct. 

23-1115 (685). Uniformity of Size and Printing. All of the of- 
ficial ballots of the same sort, prepared by any officer or board for 
the same balloting place, shall be of precisely the same size, ar- 
rangement, quality and tint of paper, and kind of type, and shall be 
printed in black ink of the same tint, so that when the stubs numbered 
as aforesaid shall be detached therefrom, it shall be impossible to 
distinguish any one of the ballots from the other ballots of the same 
sort, and the names of all candidates printed upon the ballot shall be 
in type of the same size and character. 

23-1116 (686). County Clerk to Prepare Ballot, When and How. 

Whenever the Secretary of State has duly certified to the County 
Clerk any question to be submitted to the vote of the people, the 
County Clerk must print the ballot in such form as will enable the 
electors to vote upon the question so presented in the manner pro- 
vided by law. The County Clerk must also prepare the necessary 
ballots whenever any question is required by law to be submitted 
to the electors of any locality, and any of the electors of the State 



190 ELECTION LAWS OF MONTANA 

generally, except that as to all questions submitted to the electors of 
a municipal corporation alone the City Clerk must prepare the 
necessary ballots. 

23-1117 (687). Number of Ballots to Be Provided for Each Pre- 
cinct. The County Clerk must provide for each election precinct in 
the county ten more than an equal number of ballots as there are 
electors registered in the precinct. If there is no registry in the 
precinct, the County Clerk must provide ballots equal to the num- 
ber of electors who voted at the last preceding election in the 
precinct, unless in the judgment of the County Clerk a greater num- 
ber be needed, but in no case to exceed one and one-half times as 
many as the number of registered voters in the precinct. He must 
keep a record in his office, showing the exact number of ballots, that 
are delivered to the judges of each precinct. In municipal elections 
it is the duty of the City Clerk to provide ballots as specified in this 
section. 

CHAPTER 12 

CONDUCTING ELECTIONS— THE POLLS— VOTING 

AND BALLOTS 

23-1201 (688). Voting, to Commence When and Continue How 
Long. Voting may commence as soon as the polls are open, and 
may be continued during all the time the polls remain open. 

23-1202 (689). Time of Opening and Closing of Polls. The polls 
must be opened at eight o'clock on the morning of election day and 
must be kept open continuously until six o'clock in the afternoon of 
said day, when the same must be closed; provided that in precincts 
having less than one hundred (100) registered electors the polls 
must be opened at one o'clock in the afternoon of election day and 
must be kept open continuously until six o'clock in the afternoon of 
said day, when they must be closed; provided, further, that whenever 
all registered electors in any precinct have voted the polls shall be 
immediately closed. 

23-1203. When Polls for Special Elections Shall Open and Close. 

Whenever any special election is held for the purpose of submitting 
to the qualified electors of any county, high school district, school 
district, city or town, the question of incurring an indebtedness for 
any .purpose, issuing bonds or making a special or additional levy 
for any purpose, the polls shall be open at 12 o'clock noon and shall 
remain open until 8 o'clock p. m. of the same day; provided, that 
if any such special election is held on the same day as any general, 
county, school or municipal election or any primary election and at 
the same polling places with the same judges and clerks of election, 
then the polls shall be opened and closed at the same hours as the 
polls for such general, county, school, municipal or primary election. 

23-1204 (690). Proclamation at Opening and Thirty Minutes Be- 
fore Closing Polls. Before the judges receive any ballots they must 
cause it to be proclaimed aloud at the place of election that the polls 



ELECTION LAWS OF MONTANA 191 

are open, and thirty minutes before the closing of the polls proclama- 
tion must be made that the polls will close in one-half hour. 

23-1205 (691). Proclamation at Closing Polls. When polls are 
closed, that fact must be proclaimed aloud at the place of election; 
and after such proclamation no ballots must be received. 

23-1206 (692). Sufficient Booths or Compartments Must Be Fur- 
nished. All officers upon whom is imposed by the law the duty of 
designating the polling-places must provide in each polling-place 
designated by them, a sufficient number of places, booths, or com- 
partments, each booth or compartment to be furnished with a door or 
curtain sufficient in character to screen the voter from observation, 
and must be furnished with such supplies and conveniences as shall 
enable the elector to prepare his ballot for voting, and which electors 
must mark their ballots, screened from observation, and a guard-rail 
so constructed that only persons within such rail can approach with- 
in ten feet of the ballot-boxes, or places, booths, or compartments 
herein provided for. The number of such places, booths, or compart- 
ments must not be less than one for every fifty electors, or fraction 
thereof, registered in the precinct. In precincts containing less than 
twenty-five registered voters, the election may be conducted under 
the provisions of this chapter without the preparation of such booths 
or compartments, as required by this Section. 

23-1207 (693). Elector to Cast His Ballot Without Interference. 

(1) No person other than electors engaged in receiving, preparing, 
or depositing their ballots, or a person present for the purpose of 
challenging the vote of an elector about to cast his ballot, is permitted 
to be within said rail; and in cases of small precincts where places, 
booths, or compartments are not required, no person engaged in 
preparing his ballot shall, in any way, be interfered with by any per- 
son, unless it be some one authorized by the provisions of this chap- 
ter to assist him in preparing his ballot; nor shall any officer of elec- 
tion do any electioneering on election day. No person whatsoever 
shall do any electioneering on election day, within any polling place, 
or any building in which an election is being held, or within twenty- 
five feet thereof; said space of twenty-five feet to be protected by 
ropes and kept free of trespassers; nor shall any person obstruct the 
doors or entries thereto, or prevent free ingress to and egress from 
said building. Any election officer, sheriff, constable, or other peace 
officer is hereby authorized and empowered, and it is hereby made 
his duty, to clear the passageway, and prevent such obstruction, 
and to arrest any person so doing. 

(2) No person shall remove any ballot from the polling-place 
before the closing of the polls. No person shall show his ballot after 
it is marked, to any person, in such a way as to reveal the contents 
thereof, or the name of the candidate or candidates for whom he has 
marked his vote; nor shall any person solicit the elector to show the 
same; nor shall any person, except the judge of election, receive 
from any elector a ballot prepared for voting. No elector shall re- 
ceive a ballot from any other person than one of the judges of elec- 



192 ELECTION LAWS OF MONTANA 

tion having charge of the ballots; nor shall any person other than 
such judge of election deliver a ballot to such elector. No elector 
shall vote, or offer to vote, any ballot except such as he has received 
from the judges of election having charge of the ballots. No elector 
shall place any mark upon his ballot by which it may afterwards 
be identified as the one voted by him. Every elector who does not 
vote a ballot delivered to him by the judges of election having 
charge of the ballots, shall, before leaving the polling-place, return 
such ballot to such judges. 

23-1208 (694). Expenses of Providing Places for Election. The 

expense of providing such places or compartments, ropes, and 
guard-rails is a public charge, and must be provided for in the 
same manner as the other election expenses. 

23-1209 (695). Delivery of Offical Ballots to Elector. At any 

election the judges of election must designate two of their number 
whose duty it is to deliver ballots to the qualified electors. Before 
delivering any ballot to an elector, the said judges must print on the 
back, and near the top of the ballot, with the rubber or other stamp 
provided for the purpose, the designation "official ballot" and the 
other words on same, as provided for in Section 23-705 of this Code; 
and the clerks must enter on the poll-lists the name of such elector 
and the number of the stub attached to the ballot given him. Each 
qualified elector must be entitled to receive from the judges one 
ballot. 

23-1210 (696). Method of Voting. On receipt of his ballot the 
elector must forthwith, without leaving the polling-place and within 
the guard-rail provided, and alone, retire to one of the places, booths, 
or compartments, if such are provided, and prepare his ballot. He 
shall prepare his ballot by marking an "X" in the square before the 
name of the person or persons for whom he intends to vote. In case 
of a ballot containing a Constitutional amendment, or other question 
to be submitted to the vote of the people, by marking an "X" in the 
square before the answer of the question or amendment submitted. 
The elector may write in the blank spaces or paste over any other 
name the name of any person for whom he wishes to vote, and vote 
for such person by marking an "X" before such name. No elector 
is at liberty to use or bring into the polling-place any unofficial sam- 
ple ballot. After preparing his ballot the elector must fold it so the 
face of the ballot will be concealed and so that the endorsement 
stamped thereon may be seen, and hand the same to the judges in 
charge of the ballot-box, who shall announce the name of the elector 
and the printed or stamped number on the stub of the official ballot 
so delivered to him, in a loud and distinct tone of voice. If such 
elector be entitled then and there to vote, and if such printed or 
stamped number is the same as that entered on the poll-list as the 
number on the stub of the official ballot last delivered to him by the 
ballot judge, such judge shall receive such ballot, and, after remov- 
ing the stub therefrom in plain sight of the elector, and without re- 
moving any other part of the ballot, or in any way exposing any 
part of the face thereof below the stub, shall deposit each ballot in 



ELECTION LAWS OF MONTANA 193 

the proper ballot-box for the reception of voted ballots, and the stubs 
in a box for detached ballot stubs. Upon voting, the elector shall 
forthwith pass outside the guard-rail, unless he be one of the per- 
sons authorized to remain within the guard-rail for other purposes 
than voting. 

23-1211 (697). Only One Person to Occupy Booth, and No 
Longer Than Five Minutes. No more than one person must be al- 
lowed to occupy any one booth at one time, and no person must re- 
main in or occupy a booth longer than may be necessary to prepare 
his ballot, and in no event longer than five minutes, if the other 
booths or compartments are occupied. 

23-1212 (698). Spoiled Ballot. Any elector who by accident or 
mistake spoils his ballot, may, on returning said spoiled ballot, re- 
ceive another in place thereof. 

23-1213 (699). Judges May Aid Disabled Elector. Any elector 
who declares to the judges of election, or when it appears to the 
judges of election that he cannot read or write, or that because of 
blindness or other physical disability he is unable to mark his bal- 
lot, but for no other cause, must, upon request, receive the assistance 
of two of the judges, who shall represent different parties, in the 
marking thereof, and such judges must certify on the outside thereof 
that it was so marked with their assistance, and must thereafter give 
no information regarding the same. The judges must require such 
declaration of disability to be made by the elector under oath before 
them, and they are hereby authorized to administer the same. No 
elector other than the one who may, because of his inability to read 
or write, or of his blindness or physical disability, be unable to mark 
his ballot, must divulge to any one within the polling-place the name 
of any candidate for whom he intends to vote, or ask or receive the 
assistance of any person within the polling-place in the preparation 
of his ballot. 

23-1214 (700). Manner of Voting. No person whomsoever, ex- 
cept a judge or judges of election, shall put into the ballot-box any 
ballot, or any paper resembling a ballot, or any other thing what- 
soever. Any person or persons violating the foregoing provisions 
shall be guilty of a misdemeanor. Any judge or judges of election 
who shall knowingly permit a violation of any of the provisions in 
in this section set forth shall be guilty of a felony and be punishable 
as in the section hereinbefore specified. The person offering to vote 
must hand his ballot to the judge, and announce his name, and in 
incorporated cities and towns any such person must also give the 
name of the street, avenue, or location of his residence, and the 
number thereof, if it be numbered, or such clear and definite descrip- 
tion of the place of such residence as shall definitely fix the same. 

23-1215 (701). Announcement of Voter's Name. The judges 
must receive the ballot, and before depositing it in the ballot-box 
must, in an audible tone of voice, announce the name, and in incor- 
porated towns and cities the judges must also announce the resi- 



194 ELECTION LAWS OF MONTANA 

dence of the person voting, and the same must be recorded on each 
poll-book. 

23-1216 (702). Putting Ballot in Box. If the name be found on 
the official register in use at the precinct where the vote is offered, 
or if the person offering to vote produce and surrender a proper 
registry certificate, and the vote is not rejected, upon a challenge 
taken, the judges must immediately and publicly, in the presence of 
all the judges, place the ballot, without opening or examining the 
same, in the ballot-box. 

23-1217 (703 j! Record That Person Has Voted, How Kept. When 
the ballot has been placed in the box, one of the judges must write 
the word "Voted" opposite the number of the person on the check- 
list for the precinct. 

23-1218 (704). Marking Precinct Registry Book When Elector 
Has Voted — Procedure. The judges of election in each precinct, at 
every general or special election, shall, in the precinct register book, 
which shall be certified to them by the County Clerk, mark a cross 
(X) upon the line opposite to the name of the elector. Before any 
elector is permitted to vote the judges of election shall require the 
elector to sign his name upon one of the precinct register books, 
designated by the County Clerk for that purpose, and in a column 
reserved in the said precinct books for the signature of electors. If 
the elector is not able to sign his name, he shall be required by the 
judges to produce two freeholders who shall make an affidavit be- 
fore the judges of election, or one of them, in substantially the fol- 
lowing form: 

STATE OF MONTANA, ] 

}-ss 
County of J 

"We, the undersigned witnesses, do swear that our names and 
signatures are genuine, and that we are each personally acquainted 

with (the name of the elector), and 

that we know that he is residing at , and 

that we believe that he is entitled to vote at this election, and that we 
are each freeholders in the county," which affidavit shall be filed by 
the judges, and returned by them to the County Clerk, with the return 
of the election; one of the judges shall thereupon write the elector's 
name, and note the fact of his inability to sign, and the names of the 
two freeholders who made the affidavit herein provided for. If the 
elector fails or refuses to sign his name, and, if unable to write, fails 
to procure two freeholders who will take the oath herein provided, he 
shall not be allowed to vote. Immediately after the election and 
canvass of the returns, the judges of election shall deliver to the 
County Clerk the copy of said official precinct register, sealed, with 
the election returns and poll-book, which have been used at said 
election. 

23-1219 (705). List of Voters. Each clerk must keep a list of per- 
sons voting, and the name of each person who votes must be entered 



ELECTION LAWS OF MONTANA 195 

thereon and numbered in the order voting. Such list is known as the 
poll-list and forms a part of the poll-book of the precinct. 

23-1220 (706). Grounds of Challenge. Any person offering to 
vote may be orally challenged by any elector of the county, upon 
either or all of the following grounds. 

1. That he is not the person whose name appears on the 
register or check-list. 

2. That he is an idiot or insane person. 

3. That he has voted before that day. 

4. That he has been convicted of a felony and not pardoned. 

23-1221 (707). Proceedings on Challenges for Want of Identity. 

If the challenge is on the ground that he is not the person whose 
name appears on the official register, the judges must tender him the 
following oath: 

"You do swear (or affirm) that you are the person whose name 
is entered on the official register and check-list." 

23-1222 (708). Same on Challenges for Having Voted Before. 

If the challenge is on the ground that the person challenged has 
voted before that day, the judges must tender to the person chal- 
lenged this oath: 

"You do swear (or affirm) that you have not before voted this 
day." 

23-1223 (709). Same on Ground on Conviction of Crime. If the 

challenge is on the ground that the person challenged has been con- 
victed of a felony, the judges must tender him the following oath: 

"You do swear (or affirm) that you have not been convicted of a 
felony." 

23-1224 (710). Challenges, How Determined. Challenges upon 
the grounds either: 

1. That the person challenged is not the person whose name 
appears on the official register; or 

That the person has before voted that day, are determined 
in favor of the person challenged by his taking the oath tendered. 

2. A challenge upon the ground that the person challenged has 
been convicted of a felony and not pardoned must be determined in 
favor of the person challenged on his taking the oath tendered, unless 
the fact of conviction be proved by the production of an authenticated 
copy of the record or by the oral testimony of two witnesses. If the 
person challenged asserts that he has been convicted of a felony and 
pardoned therefor, he must exhibit his pardon or a proper certified 
copy thereof to the judges, and if the pardon be found sufficient, the 
judges must tender to him the following oath: "You do swear that 
you have not been convicted of any felony other than that for which 
a pardon is now exhibited." 



196 ELECTION LAWS OF MONTANA 

Upon taking this oath the person challenged must be permitted to 
vote if otherwise qualified, unless a conviction of some other felony 
be proved, as in this section provided for the proof of a conviction. 

23-1225 (711). Trial of Challenges. Challenges for causes other 
than those specified in the preceding section must be tried and de- 
termined by the judges of election at the time of the challenge. 

23-1226 (712). If Person Refuses to Be sworn. Vote to Be Re- 
jected. If any person challenged refuses to take the oaths tendered, 
or refuses to be sworn and to answer the questions touching the mat- 
ter of residence, he must not be allowed to vote. 

23-1227 (713). Proceedings Upon Determination of Challenges. 

If the challenge is determined against the person offering to vote, the 
ballot must, without examination, be destroyed by the judges in the 
presence of the person offering the same; if determined in his favor, 
the ballot must be deposited in the ballot-box. 

23-1228 (714). List of Challenges to Be Kept. The judges must 
cause each of the clerks to keep a list showing: 

1 . The names of all persons challenged. 

2. The grounds of such challenges. 

3. The determination of the judges upon the challenge. 

CHAPTER 13 

VOTING BY ABSENT ELECTORS 

23-1301 (715). Voting by Elector When Absent from Place of 
Residence or Physically Incapacitated from Going to Polls. Any 

qualified elector of this State, having complied with the laws in re- 
gard to registration, who is absent from the county or who is physi- 
cally incapacitated from attending the precinct poll of which he is 
an elector on the day of holding any general or special election, or 
primary election for the nomination of candidates for such general 
election, or any municipal general, special or primary election, may 
vote at any such election as hereinafter provided. 

23-1302 (716). Application of Absentee or Physically Inca- 
pacitated Person for Ballot. At any time within thirty (30) days next 
preceding such election, any voter expecting to be absent on the day 
of election from the county in which his voting precinct is situated or 
who as a result of physical incapacity, in all probability will be un- 
able to attend his voting precinct poll as made to appear by the cer- 
tificate of a physician licensed under the laws of Montana, plainly 
stating the nature of the physical incapacity of the applicant, and 
certifying (a) that such incapacity will continue beyond the day of 
the election for which the application is made; (b) to the extent of 
reasonably preventing applicant from going to the polls, bodily 
health considered, may make application to the County Clerk of such 
county, or to the City or Town Clerk, in the case of a municipal, gen- 



Election laws of Montana i$? 

ercd, or primary election, for an official ballot or official ballots to be 
voted at such election as an absent or physically incapacitated 
voter's ballot or ballots. 

23-1303 (717). Form of Application. Application for such ballots 
shall be made on a blank to be furnished by the County Clerk of the 
county of which the applicant is an elector, or the City or Town 
Clerk, if it be municipal, general, special or primary election, and 
shall be in substantially the following form: 

I, , a duly qualiifed elector of 

the precinct, in the County of 

and State of Montana, and am to the best of my knowledge and be- 
lief entitled to vote in such precinct in the next election, expecting to 
be absent from said county or, in all probability, to be physically in- 
capacitated from going to my precinct poll on the day for holding 
such election, hereby make application for an official ballot to be 
voted by me at the said election. 



Postoffice address to which ballot is to be mailed. 

State of .] 

}-ss 
County of J 

On this day of ( 

personally appeared before me ; who 

being first duty sworn, deposes and says that he is the person who 
signed the foregoing application, that he has read and knows con- 
tents of same and knows to his own knowledge the matters and 
things therein stated are true." 



This application must be subscribed by the applicant and sworn 
to before some officer authorized to administer oaths, and the applica- 
tion shall not be deemed complete without this affidavit. 

23-1304 (718). Transmission of Application to County Clerk — 
Delivery of Ballot. The voter making such application shall forward 
by mail or deliver in person the same to the County Clerk of the 
county in which he is registered and it shall be the duty of the said 
County Clerk to look up the applicant's registration card and com- 
pare the signature on the application for absent or physically in- 
capacitated voter's ballot and the registration card and if convinced 
the person making the application for absent or physically incapac- 
itated voter's ballot and the person who signed the original regis- 
tration card is one and the same person, he shall accept the same in 
good faith and deliver the ballot as provided in Section 23-1305. 

23-1305 (719). Duty of Clerk to Deliver Application or Ballot. 

Such application blank shall, upon request therefor, be sent by such 
County or City or Town Clerk to any elector of the county, by mail, 
and shall be delivered to any elector upon application made per- 



148 ELECTION LAWS Of MONTANA 

sonctlly at the office of such County or City or Town Clerk; provided, 
however, that no elector shall be entitled to receive such a ballot on 
election day, nor unless his application is made to or received by 
the County or City or Town Clerk before the delivery of the official 
ballots to the judge of election. 

23-1306 (720). Mailing Ballot to Elector— Form of Return and 
Affidavit. Upon receipt of such application, properly filled out and 
duly signed, or as soon thereafter as the official ballot for the precinct 
in which the applicant resides has been printed, the said County or 
City or Town Clerk shall send to such elector by mail, postage pre- 
paid, one official ballot, or if there be more than one ballot to be 
voted by an elector of such precinct, one of each kind, and shall 
inclose with such ballot or ballots an envelope, to be furnished by 
such County or City or Town Clerk, which envelope shall bear upon 
the front thereof the name, official title and post office address of such 
County or City or Town Clerk, and upon the other side a printed 
affidavit, in substantially the following form: 



State of -— 
County of 



fss 



"I, , do solemnly swear that I am a 

resident of the precinct, (and if he be a resident of a 

city or town, add: 'Residing at , in the town or 

city of '), County of and 

State of Montana, and entitled to vote in such precinct at the next 
election; that I expect to be absent from the said county of my resi- 
dence or, in all probability, to be physically incapacitated from go- 
ing to my precinct poll on the day of holding such election and that 
I will have no opportunity to vote in person on that day. 



"Subscribed and sworn to before me this day of 

, 19 ; and I hereby certify that the affiant 

exhibited to me the enclosed ballot or ballots for inspection before 
marking, and that the same was (or were) then unmarked and that 
he then in my presence, and in the presence of no other person, 
and in such manner that I could not see his vote, marked said bal- 
lot (or ballots) and inclosed and sealed the same in this envelope. 
That the affiant was not solicited or advised by me to vote for or 
against any candidate or measure. 



23-1307 (721). Marking and Swearing to Ballot by Elector. Such 
voter shall make and subscribe the said affidavit before an officer 
authorized by law to administer oaths, and who has an official seal, 
and may do so at any place in the State of Montana, or in any 
other State or territory of the United States, before any officer au- 
thorized by the laws of this State to take acknowledgments of in- 
struments without the State, and such voter shall thereupon, in the 



ELECTION LAWS OF MONTANA 199 

presence of such officer and of no other person, mark such ballot or 
ballots, but in such manner that such officer cannot see the vote, 
and such ballot or ballots thereupon, in the presence of such officer, 
shall be folded by such voter so that each ballot shall be separate, 
and so as to conceal the vote, and shall be, in the presence of such 
officer, placed in such envelope securely sealed with mucilage and 
in addition thereto sealing wax in not less than two places thereon, 
the sealing wax to contain the impression of the official seal of the 
officer administering the oath. Said officer shall thereupon append 
his signature and official title and affix his seal at the end of said 
jurat and affidavit. Said envelope shall be mailed by such absent 
or physically incapacitated voter, postage prepaid, or delivered to 
the County or City or Town Clerk, as the case may be. 

23-1308 (722). Disposition of Marked Ballot Upon Receipt by 
Clerk. Upon receipt of such envelope, such County or City or Town 
Clerk shall forthwith inclose the same, unopened, together with the 
written application of such absent voter or physically incapacitated 
voter in a larger envelope, which shall be securely sealed and in- 
dorsed with the name of the proper voting precinct, the name and 
official title of such clerk, and the words, "This envelope contains an 
absent or physically incapacitated voter ballot, and must be opened 
only on election day at the polls when the same are open," and 
such clerk shall safely keep the same in his office until the same is 
delivered or mailed by him as provided in the next section. 

23-1309 (723). Delivery or Mailing of Ballots to Election Judges. 

In case such envelope is received by such clerk prior to the delivery 
of the official ballots to a judge of election of the precinct in which 
such absent or physically incapacitated voter resides, said larger 
envelope, containing the said voter's envelope, and his said applica- 
tion as above provided, shall be delivered to the judge of election of 
such precinct, to whom the official ballots of the precinct shall be de- 
livered, and at the same time. In case the official ballots for such 
precinct shall have been delivered to the judge of election prior to 
the time of the receipt by the said clerk of said absent or physically 
incapacitated voter's envelope, such clerk shall immediately after 
inclosing such voter's envelope and his application in a larger en- 
velope, and after endorsing the latter as provided in the foregoing 
section, address and mail the larger envelope, postage prepaid, to 
the said judge of election of said precinct, as hereinafter further pro- 
vided. 

23-1310 (724). Clerk to Keep Record of Ballots and Issue Cer- 
tificate. The ballot or ballots to be delivered or marked by such 
absent or physically incapacitated voter shall be one of the regular 
official ballots to be used at such election, and of each kind of such 
official ballots if there be more than one kind to be voted, beginning 
with ballot one and following consecutively, according to the num- 
ber of applications for such absent or physically incapacitated voter 
ballots. The County or City or Town Clerk shall keep a record of 
all ballots so delivered for the purpose of absent voting, or voting 
by persons physically incapacitated from going to the polls, as well 



200 ELECTION LAWS OF MONTANA 

as of ballots, if any, marked before him as hereinafter provided, and 
shall make and deliver to the judge of election, to whom the ballots 
for the precinct are delivered, and at the time of the delivery of such 
ballots, a certificate stating the number of ballots delivered or mailed 
to absent or physically incapacitated voters, as well as those 
marked before him, if any, and the names of the voters to whom 
such ballots shall be delivered or mailed, or by whom they shall 
have been marked if marked before him. 

23-1311 (725). Duty of Election Judges— Poll-Lists, Numbering 
Ballots and Rejected Ballots. The judges of election, at the opening 
of the polls, shall note on the poll-lists, when one is required by law 
to be kept, opposite the numbers corresponding to the numbers of 
the ballots issued to absent or physically incapacitated voters, as 
shown by the certificate of the County or City or Town Clerk, the 
fact that such ballots were issued to absent or physically incapac- 
itated voters, and shall reserve said numbers for the absent or 
physically incapacitated voters. The notation may be made by 
writing the words "absent or physically incapacitated voters" op- 
posite such numbers. 

The judges shall not allow any names to be inserted in the poll- 
list on the lines corresponding to said numbers, except the name of 
the elector entitled to each particular number according to the cer- 
tificate of the County or City or Town Clerk, and the number of his 
ballot. Any so rejected shall be placed together with the voter's ap- 
plication and the absent or physically incapacitated voter's en- 
velope provided for the purpose by the Clerk and Recorder or City 
or Town Clerk, which shall be sealed and endorsed by the words, 
"Rejected absent or physically incapacitated voter ballots," num- 
bered , and shall put thereon the number of the ballots 

given to absent or physically incapacitated voters according to the 
County or City or Town Clerk's certificate. There shall be a sep- 
arate enclosing envelope for the ballot or ballots of each absent 
or physically incapacitated voter whose ballot or ballots may have 
been rejected, and such envelopes shall be placed in an envelope 
together with the other ballots, and shall not be opened without 
order of a court of competent jurisdiction. 

23-1312 (726). Voting Before Election Day by Prospective Ab- 
sentee, or Physically Incapacitated Elector. Any qualified elector 
who is present in his county after the official ballots of such county 
have been printed and who has reason to believe that he will be 
absent from such county on election day, or physically incapacitated 
as provided in Section 23-1302 may vote before he leaves his county 
or prior to the inception of such physical incapacity, in like manner 
as an absent or physically incapacitated voter, before the county 
or city or town clerk or some officer authorized to administer oaths 
and having an official seal; and the provisions of this act shall be 
deemed to apply to such voting. If the ballot be marked before the 
county or city or town clerk it shall be his duty to deal with it in the 
same manner as if it had come by mail. 



ELECTION LAWS OF MONTANA 201 

23-1313 (727). Envelopes Containing Ballots— Deposit in Box 
and Rejection of Ballot. At any time between the opening and 
closing of the polls on such election day, the judges of election of 
such precinct shall first open the outer envelope only, and compare 
the signature of such voter to such application, with the signature to 
such affidavit. 

In the case the judge finds the affidavit is sufficient and that the 
signatures correspond, and that the applicant is then a duly quali- 
fied elector of such precinct, and has not voted at such election, they 
shall open the absent or physically incapacitated voter's envelope, 
in such manner as not to destroy the affidavit thereon, and take out 
the ballot or ballots therein contained; and without unfolding the 
same, or permitting the same to be opened or examined, shall ascer- 
tain whether the stub or stubs is or are still attached to the ballot 
or ballots, and whether the number thereon corresponds to the num- 
ber in the county or city or town clerk's certificate. If so, they shall 
endorse the same in like manner that other ballots are endorsed, 
shall detach the stub as in other cases, and deposit the ballot or 
ballots in the proper ballot-box or boxes, and make in their election 
list and books the proper entries to show such elector to have voted. 
In case such affidavit is found to be insufficient, or that the said 
signatures do not correspond, or that such applicant is not then a 
duly qualified elector of such precinct, such vote shall not be al- 
lowed, but without opening the absent or physically incapacitated 
voter envelope, the judges of such election shall mark across the 
face thereof "rejected as defective" or "rejected as not an elector" 
as the case may be. The absent or physically incapacitated voter 
envelope, when such absent vote or vote by a person physically in- 
capacitated from going to the polls is voted, and the absent or physi- 
cally incapacitated voter envelope with its contents, unopened, when 
such absent vote or vote by a person physically incapacitated from 
going to the polls is rejected, shall be deposited in the ballot-box 
containing the general or party ballots, as the case may be, retained 
and preserved in the manner by law provided for the retention and 
preservation of official ballots voted at such election. If, upon open- 
ing the absent or physically incapacitated voter's envelope, it be 
found that the stub of any ballot has been detached, or that the num- 
ber thereon does not correspond to the number in the county or city 
or town clerk's certificate of the number issued to such absent or 
physically incapacitated voter, the ballot shall be rejected, and it 
shall then and there, and without looking at the face thereof, be 

marked on the back "rejected on the ground of ", filling 

the blank with the statement of the reason of the rejection; which 
statement shall be dated and signed by the majority of the judges. 
The ballot or ballots so rejected, together with the absent or physi- 
cally incapacitated voter's envelope bearing the application, and 
the said application, shall be all enclosed in an envelope, 
which shall be then and there securely sealed, and on such 
envelope the judges shall write or cause to be written (if not 
already printed thereon) the words, "rejected ballot of absent or 
physically incapacitated voter" (writing in the name of the elector). 



202 ELECTION LAWS OF MONTANA 

"The rejected ballot or ballots is or are " The judges 

shall designate the rejected ballot as "general ballot", if it be a 
ballot for candidates that be rejected. If the rejected ballot be a one 
put on a question submitted to the vote of the electors, the judges 
shall designate such ballot as ballot question No in the cer- 
tificate on the envelope. There shall be a separate enclosing en- 
velope for the ballot or ballots of each absent or physically inca- 
pacitated voter whose ballot or ballots may have been rejected and 
such enclosing envelope shall be placed in the envelope in which 
the other ballots voted or (are) required to be placed and shall not 
be opened without an order of a court of competent jurisdiction. The 
county or city or town clerk shall provide and have delivered to the 
judge of election suitable envelopes for enclosing rejected absent or 
physically incapacitated voter's ballots. 

23-1314 (728). Transmission of Ballot by Special Delivery. 

Whenever the county or city or town clerk shall mail the envelope 
containing an absent or physically incapacitated -voter's envelope 
and ballots, as provided in this Act, to a judge of election, he shall 
place thereon the proper postage and the proper stamp or stamps, 
and the proper markings to secure the transmission and delivery 
thereof as a special delivery letter, in accordance with the postal 
laws of the United States and the regulations of the United States 
post office. 

23-1315 (729). Voting in Person by Elector on Election Day. 

Any qualified elector who has marked his ballot as hereinbefore 
provided, who shall be in his precinct on election day, shall be per- 
mitted to vote in person, provided his said ballot has not already 
been deposited in the ballot-box. 

23-1316 (730). Procedure When Elector Is Present After Marking 
Absent or Physically Incapacitated Voter Ballot. In case any elector 
who shall have marked his ballot as an absent or physically in- 
capacitated voter, as in this Act provided, shall appear at the voting 
place of his precinct on election day, before his ballot or ballots 
shall have been deposited in the ballot-box, his envelope contain- 
ing his ballot shall, if he so desires, be opened in his presence, and 
the ballot or ballots found therein shall be deposited in the ballot- 
box as hereinbefore provided. If such elector shall ask for a new 
ballot or ballots with which to vote, he shall be entitled to the same, 
but in such case his absent or physically incapacitated voter en- 
velope shall not be opened, and the judges shall mark, or cause 
to be marked, across the face thereof, "unopened because voter ap- 
peared and voted in person", and then deposit the said envelope, 
unopened, in the ballot-box. If the envelope containing the absent 
or physically incapacitated voter ballot shall have been marked 
"rejected as defective", and deposited in the ballot-box, such elector 
so appearing shall have the same right to vote as if he had not at- 
tempted to vote as an absent or physically incapacitated voter. If 
voting machines are there used, he shall vote by machine as other 
voters. 



ELECTION LAWS OF MONTANA 203 

23-1317(731). Opening of Envelopes After Deposit. If the afore- 
said envelope containing an absent or physically incapacitated voter 
ballot shall have been deposited, unopened, in the ballot-box, the 
said envelope shall not be opened, without an order of a court of 
competent jurisdiction. 

23-1318 (732). False Swearing Perjury— Official Misconduct a 
Misdemeanor. If any person shall wilfully swear falsely to any af- 
fidavit in this Act provided for, he shall, upon conviction thereof, be 
deemed guilty of perjury, and shall be punished as in such cases by 
law provided. If the County or City or Town Clerk, or any election 
officer, shall refuse or neglect to perform any of these duties pre- 
scribed by this Act, or shall violate any of the provision thereof, or 
if any officer taking the affidavit provided for in Section 23-1306 shall 
make any false statement in his certificate thereto attached, or look 
at any mark or marks made by the voter upon any such ballot, or 
permit or allow any other person to be present at the marking of any 
such ballot by the voter, or to see any mark or marks made thereon 
by the voter, he shall be deemed guilty of a misdemeanor, and shall 
be punished by a fine not exceeding Five Hundred Dollars, or by 
imprisonment in the county jail not exceeding six months, or by both 
such fine and imprisonment. 

23-1319 (733). Voting Machines — Canvass of Votes. In and 

for precincts where voting machines are to be used, the county or 
city or town clerk shall cause to be printed and shall provide ballots 
in the regular form of printed ballots, and sufficient printed ballots 
and sufficient in number for possible absent or physically incapac- 
itated voters, and also poll-books and ballot-boxes such as lists re- 
quired for the precincts in which printed ballots are used. Absent or 
physically incapacitated voters' ballots received in such precincts 
shall be cast as in this act provided, and all provisions of this act and 
of the election laws shall apply to the casting, canvassing, counting 
and returning of such ballots and votes, except as herein otherwise 
provided. In making the canvass, the votes cast by absent or physi- 
cally incapacitated voters shall be added by the judges of election 
to the votes cast on the voting machines, and the results determined 
and reported accordingly. 

23-1320 (734). Duty of Elector If Present on Election Day. In 

case any elector who shall have taken advantage of the provisions 
of this act, and marked his ballot as an absent or physically in- 
capacitated voter, as in this act provided, shall not leave his county, 
or shall return thereto or shall have recovered physical capacity to 
go to the polls on or before election day, and in time to allow him 
to go to the polls, to-wit, to the voting place in his precinct, and to 
be admitted therein before the close of the polls, it shall be his duty 
so to go to the said voting place and to present himself to the judges 
of election at said voting place, and if he shall wilfully neglect so to 
do he shall be deemed guilty of a misdemeanor and, upon con- 
viction thereof, shall be punished by a fine of not more than one 
hundred ($100.00) dollars or by imprisonment not more than thirty 



204 Election laws of Montana 

(30) days in the county jail or both such fine and imprisonment. If 
such an elector so appears the judges of election shall note in the 
poll-books and lists the fact of his appearance as well as whether 
or not be voted in person. 

23-1321 (735). Violation of Law by Elector or Officer Outside 
of State — Change of Venue. If any elector of this State or any other 
person or any officer shall, in any matter connected with voting out- 
side of the State under the provisions of this law, in any manner 
violate any of the provisions of this Act, or of any of the election or 

penal laws of this State applicable to voting under this Act, in such 
manner that such violation would constitute an offense if committed 
within the State, then and in such case such elector, person, or 
officer shall be deemed guilty of a like offense, and be punishable to 
the same extent and in the same manner as if the act, omission, or 
violation had been committed in this State, and may be prosecuted 
in any county in this State; provided, however, that if the defendant 
or one of several defendants be a resident of the State he may have 
the case removed to the county in which the ballot was cast, or was 
to be cast, if not, in fact cast; and provided, further, that the court 
may order any such case removed to such county, subject always 
to the power of the court of any county to grant a change of venue 
as in other cases. 

CHAPTER 14 

VOTING BY ABSENT ELECTORS IN MILITARY SERVICE 

23-1401. Registration of Absent Electors in Military or Related 
Service. Any elector of this State who is absent from the State 
of Montana and the county of which he or she is a resident by rea- 
son of his or her active service in the land or naval forces of the 
Uinted States, including members of the Army Nurse Corps, the 
Navy Nurse Corps, the Women's Navy Reserve, the Women's Army 
Auxiliary Corps, and such other branches of the land or naval 
forces as may be organized hereafter by the Government of the 
United States, or who is absent from the State of Montana and the 
county of which he or she is a resident by reason of his or her en- 
gaging in the actual service of the American National Red Cross 
Association or the United Service Organizations or any similar or- 
ganization auxiliary to the land and naval forces recognized by the 
Government of the Uinted States, shall be entitled to register for 
voting in the manner hereinafter provided as fully as if he or she 
were present at his or her place of residence. 

23-1402. Duty of County Clerk, Registration Cards. It shall be 
the duty of the County Clerk of each county in this State to cause to 
be printed Official War Registration Cards, four (4) by (6) inches in 
size, on calendar stock other than white, to distinguish such cards 
from the registry cards provided for by Section 23-502, which Official 
War Registration Cards shall be substantially in the following form: 



ELECTION LAWS OF MONTANA 205 

(FACE) 

OFFICIAL WAR REGISTRATION CARD 

No County of , State of Montana 

Name Sex Date 

Place of Birth Date of Birth Height Occupation 

Residence: 

(Give Montana Address, Street Number, City or Town) 
Length of time in 

State County City Town 

If naturalized, state when Where 

Place where last registered: 

Disability, if any 

To be filled in by County Clerk: 



Date Registered Date Cancelled 

CERTIFICATE OF REGISTRANT 

I, swear (or affirm) 

I am the elector whose name appears on the face of this card; the 
several statements thereon contained affecting my qualifications as 
an elector are true; I am actively engaged in the land (or naval) 
forces of the United States or an auxiliary to the land (or naval) 
forces recognized by the Government of the Uinted States; I am able 
to mark my ballot (or I am unable to mark my ballot by reason of the 
physical disability on this card specified), and I am not registered 
elsewhere within the State of Montana and claim no right to vote 
elsewhere than in the place on this card specified, so help me God. 

Certified to by: 

(To be signed by any commissioned officer) 



206 ELECTION LAWS OF MONTANA 

(BACK) 

CERTIFICATE OF LOST NATURALIZATION PAPERS 

I, , swear (or affirm) 

I am the elector named on the face of this card; I am a naturalized 
citizen of the United States; my certificate of naturalization is lost or 
destroyed, or beyond my present reach, and I have no certified copy 

thereof; I came to the United States in the year ; I was ad- 
mitted to citizenship in the State (or territory) of ■_ 

county of , by the court 

during the year , I last saw my certificate of naturalization, 

or a certified copy thereof, at 



Certified to by: 



(To be signed by any commissioned officer.) 

23-1403. Mailing. Upon receipt of any application for an 
Official War Registration Card by any elector hereinbefore men- 
tioned in this Act, it shall be the duty of the County Clerk to send 
such elector by mail, postage prepaid, one Official War Registration 
Card, which registration card shall be enclosed in an envelope bear- 
ing upon the front thereof — in clear black type — the words, "OFFI- 
CIAL WAR REGISTRATION CARD CONTAINED HEREIN." 

23-1404. Pre-requisites — Affidavits, from Whom. It shall also 
be the duty of the County Clerk to send by mail, postage prepaid, to 
any such elector hereinbefore mentioned in this Act one (1) Official 
War Registration Card, which registration card shall be enclosed in 
an envelope bearing upon the front thereof — in clear black type — 
the words, "OFFICIAL WAR REGISTRATION CARD CONTAINED 
HEREIN," provided the County Clerk is furnished an affidavit or 
affidavits by at least two (2) registered electors of the county in which 
such elector hereinbefore mentioned in this Act resides, setting forth 
the affiants are personally acquainted with such elector and are in- 
formed and have reason to believe such elector is engaged in the 
active service of the land or naval forces or the officially recognized 
organizations auxiliary thereto, and setting forth also the last known 
post office address of such elector; and provided further the County 
Clerk shall not send such Official War Registration Card as a result 
of such affidavit or affidavits, if he has previously sent such Official 
War Registration Card to such elector hereinbefore mentioned in 
this Act upon the application of such elector. 

23-1405. Classification of Registration Cards. Upon receipt by 
the County Clerk of any Official War Registration Card, properly 
filled out and duly signed and certified to as provided in this Act, 
the County Clerk shall classify such registry card according to the 
precinct in which the elector resides, and shall arrange the cards in 



ELECTION LAWS OF MONTANA 207 

each precinct in alphabetical order. The County Clerk shall, upon 
receipt of any Official War Registration Card, immediately enter 
upon the official register of the county in the proper precinct the full 
information given by said elector. 

23-1406. The penalty provided for by Section 23-503, in the 
case of an elector residing within the county who registers, is here- 
by made applicable to violations of the provisions of this Act. 

CHAPTER 15 

REGISTRATION OF ELECTORS ABSENT FROM COUNTY OF 

THEIR RESIDENCE 

23-1501. Method of Registration of Voters Absent from County. 

Any elector who is unable to make personal application for regis- 
tration to vote by appearing before the county clerk and ex-officio 
registrar of the county of his or her legal residence, by reason of 
being absent from the county, may register to vote prior to the close 
of registration, before any election to be held in the State of Mon- 
tana, by appearing, executing and verifying under oath, before a 
Notary Public or other officer authorized to administer oaths, at any 
place within the continental limits of the United States of America, a 
registration card in the form prescribed in Section 23-502, and re- 
turning such registration card, so executed and verified, to the 
County Clerk and ex-offico registrar of the county in which his or 
her legal residence is located in sufficient time to reach such county 
clerk and ex-officio registrar before the close of registration; pro- 
vided, however, such an elector shall not be entitled to have his 
name entered in the official register of electors until at least two (2) 
registered electors of the county in which such elector desiring to be 
registered has his place of residence, as stated in his application for 
registration, appear before the County Clerk and ex-offiico registrar 
and make affidavit or affidavits in writing, stating they are per- 
sonally acquainted with the applicant for registration, are familiar 
with and know his signature, have seen him write and that the 
signature subscribed to the application for registration is the signa- 
ture of such elector. 

23-1502. Registration Card Mailed Upon Application. The coun- 
ty clerk and ex-officio registrar of the county of an elector's legal resi- 
dence shall furnish to any elector applying therefor, whether appli- 
cation be made by mail, telegram or telephone, one (1) of the printed 
registration cards provided for registration of electors, to be used by 
such elector in registering; said card to be transmitted by United 
States mail, with postage prepaid, by said county clerk and ex- 
officio registrar to the address furnished by the elector at the time 
of making of his application. 

23-1503. Questions Asked and Answered in Writing. In the 

case of any person who desires and who is entitled to register in the 
manner provided in Section 23-1501, the questions required by Sec- 
tion 23-510, to be asked each person registering, shall be propound- 



208 ELECTION LAWS OF MONTANA 

ed in writing and shall be transmitted by the County Clerk and ex- 
officio registrar, together with registration card, in the manner above 
provided, to the person so desiring to register, who shall answer 
such questions in writing and shall return such answers to the 
County Clerk and ex-officio registrar, together with completed regis- 
tration card. 

CHAPTER 16 

VOTING MACHINES— CONDUCT OF ELECTION WHEN USED 

23-1601 (757). Voting Machines— Secretary of State. It shall 
be the duty of the Secretary of State to examine, or cause to be ex- 
amined, all voting or ballot machines in order to determine whether 
such machines comply with the requirements of this chapter, and 
can safely be used by voters at elections under the provisions of 
said chapter, and no machine or machines shall be provided or 
used at any election in this State unless such machine or machines 
shall have received the approval of the Secretary of State as herein 
provided. The Secretary of State may employ two qualified mech- 
anics, who shall be qualified electors of the State of Montana, to ex- 
amine said machines and assist him in the discharge of his duties 
under said chapter, the compensation to be paid such qualified 
mechanics not to exceed the sum of ten dollars ($10.00) each for each 
day actually employed. Any machine or machines which shall 
have the approval of the Secretary of State may be provided for in 
this chapter. The report of the Secretary of State on each and every 
kind of voting machine shall be filed in his office within thirty days 
after examining the machine, and he shall, within five days after 
the filing of any report approving any machine of machines trans- 
mit to the Board of County Commissioners, city or town council or 
other board of officers having charge and control of elections in each 
of the counties, cities and towns in this State, a list of the machines 
so approved. No machine or machines shall be used unless they 
shall have received the approval of the Secretary of State at least 
sixty days prior to any election at which such machine or machines 
are to be used. The compensation of the mechanics and all other 
expenses connected with the examination of any machine shall be 
paid, or caused to be paid, by the person or company submitting a 
machine for examination before the filing of the report thereon. The 
amount of such expenses shall be certified by the State Auditor and 
paid to the State Treasurer. 

23-1602 (758). Specifications of Machines Required. No ma- 
chine or machine system shall be approved by the Secretary of 
State unless it is so constructed as to afford every elector a reason- 
able opportunity to vote for any person for any office, or for or 
against any proposition for whom, or for or against which he is en- 
titled by law to vote, and enable him to do this in secrecy; and it 
must be so constructed as to preclude an elector for voting for any 
candidate for the same office or upon any question more than once, 
and from voting for any person for any office or on any proposition, 
for whom or on which he is not entitled to vote. The machine or ma- 



ELECTION LAWS OF MONTANA 209 

chine system must admit of his voting a split ticket as he may de- 
sire. It must also be constructed as to register or record each and 
every vote cast. For presidential electors one device may be pro- 
vided for voting for all the candidates on one party at one time by 
the use of such device, opposite or adjacent to which shall be a 
ballot on the machine containing the names of all the candidates 
for all presidential electors for that party, and a vote registered or 
recorded by the use of such device shall be counted for each of such 
candidates on said ballot. The machine must be so constructed that 
it cannot be tampered with or manipulated for any fraudulent pur- 
pose; and the machine must be so locked, arranged, or constructed, 
that during the progress of the voting no person can see or know the 
number of votes registered or recorded for any candidate or for or 
against any proposition. 

23-1603 (759). Purchase and Use of Voting Machines at Elec- 
tions. The Boards of County Commissioners of counties of the first 
class shall, and the Boards of County Commissioners of other coun- 
ties and City Councils of all cities and towns, may, at their option, 
adopt and purchase, for use in the various precincts, any voting ma- 
chine approved in the manner above set forth in Section 23-1601 by 
the Secretary of State, and none other. If it shall be impracticable to 
supply each and every election district with a voting machine or 
voting machines at any election following the adoption of such 
machines in a city, village, or town, as many may be supplied as it 
is practicable to procure, and the same shall be used in such pre- 
cinct of the municipality, as the proper officers may order. The 
proper officers of any city, village, or town may, not later than the 
tenth (10th) day of September, in any year in which a general elec- 
tion is held, unite two or more precincts into one for the purpose of 
using therein at such election a voting machine, and the notice of 
such uniting shall be given in the manner prescribed by law for the 
change of election districts. 

23-1604 (760). Payment for Machines. How Provided For. Pay- 
ment for voting machines purchased may be provided by the issu- 
ance of interest-bearing bonds, certificates of indebtedness, or other 
obligations, which will be a charge upon such county, city, or town. 
Such bonds, certificates, or other obligation may be made payable 
at such time or times, not exceeding ten years from the date of issue, 
as may be determined but shall not be issued or sold at less 
than par. 

23-1605 (761). Method of Conducting Elections. (1) The room 
in which the election is held shall have a railing separating that 
part of the room to be occupied by the election officers from that part 
of the room occupied by the voting machine. The exterior of the 
voting machine and every part of the polling-place shall be in plain 
view of the judges. The machine shall be placed that no person on 
the opposite side of the railing can see or determine how the voter 
casts his vote, and that no person can so see or determine from the 
outside of the room. After the opening of the polls, the judges shall 
not allow any person to pass within the railing to that part of the 



210 ELECTION LAWS OF MONTANA 

room where the machine is situated, except for the purpose of voting 
and except as provided in the next succeeding section of this Act; 
and they shall not permit more than one voter at a time to be in 
such part of the room. They shall not themselves remain or per- 
mit any person to remain in any position that would permit him or 
them to see or ascertain how the voter votes or how he has voted. 
No voter shall remain within the voting machine booth or compart- 
ment longer than one minute, and if he should refuse to leave it 
after that lapse of time he shall at once be removed by the judges. 
The election board of each election precinct in which a voting ma- 
chine is used shall consist of three judges of election. Where more 
than one machine is to be used in an election precinct, one addi- 
tional judge shall be appointed for each additional machine. Before 
each election at which voting-machines are to be used, the cus- 
todian shall instruct all judges of election that are to serve thereat 
in the use of the machine and their duties in connection therewith; 
and he shall give to each judge that has received such instruction, 
and is fully qualified to conduct the election with the machine, a 
certificate to that effect. For the purpose of giving such instruction, 
the custodian shall call such meeting or meetings of the judges of 
election as shall be necessary. 

(2) Each judge of election shall attend such meeting or meet- 
ings and receive such instructions as shall be necessary for the 
proper conduct of the election with the machine; and, as compensa- 
tion for the time spent in receiving such instruction, each judge that 
shall qualify for and serve in the election shall receive the sum of 
one dollar, to be paid to him at the same time and in the same man- 
ner as compensation is paid to him for his services on election day. 
No such judge of election shall serve in any election at which a vot- 
ing machine is used, unless he shall have received such instruction 
and is fully qualified to perform his duties in connection with the 
machine, and has received a certificate to that effect from the cus- 
todian of the machines; provided, however, that this shall not pre- 
vent the appointment of a judge of election to fill a vacancy in an 
emergency. 

23-1606 (762). Assistance to Elector Unable to Record Vote. If 

any voter shall, in the presence of the judges of election, declare 
that he is unable to read or write the English language, or that by 
reason of a physical disability or total blindness he is unable to 
register or record his vote upon the voting machine, he shall be 
assisted as provided by Section 23-1213. Any person who shall de- 
ceive any elector in registering or recording his vote under this sec- 
tion, or who shall register or record his vote in any other way than 
as requested by such person or who shall give information to any 
person as to what ticket or for what person or persons such person 
voted, shall be punished as provided in Section 94-1407. 

23-1607 (763). Ballots and Instructions to Voters. (1) Not more 
than ten (10) or less than three (3) days before each election at 
which voting machines are to be used, the board, or officials, charged 
with the duty of providing ballots, shall publish in newspapers, rep- 



ELECTION LAWS OF MONTANA 211 

resenting at least (2) political parties a diagram of reduced size 
showing the face of the voting machine, after the official ballot labels 
are arranged thereon, together with illustrated instructions how to 
vote, and a statement of the locations of such voting machines as 
shall be on public exhibition; a voting machine shall at all times be 
on exhibition for public demonstration in the office of the County 
Clerk and Recorder in the counties where said voting machines are 
used, and it shall be the duty of said County Clerk and Recorder to 
demonstrate and explain the working and operation of said voting 
machine to any inquiring voter; or in lieu of such publication, said 
board or officials may send by mail or otherwise at least three (3) 
days before the election, a printed copy of said reduced diagram to 
each registered voter. 

(2) Not later than forty (40) days before each election at which 
voting machines are to be used the Secretary of State shall prepare 
samples of the printed matter and supplies named in this section, 
and shall furnish one of each thereof to the board or officials having 
charge of election in each county, city or village in which the ma- 
chines are to be used, such samples to meet the requirements of the 
election to be held, and to suit the construction of the machine to be 
used. 

(3) The board or officials charged with the duty of providing 
ballots, shall provide for each voting machine for each election the 
following printed matter and supplies; suitable printed or written 
directions to the custodian for testing and preparing the voting ma- 
chines for the election; one certificate on which the cutsodian can 
certify that he has properly tested and prepared the voting machine 
for the election; one certificate on which some person other than 
the. custodian preparing the machine, can certify that the voting 
machine has been examined and found to have been properly pre- 
pared for the election; one certificate on which the party representa- 
tives can verify that they have witnessed the testing and prepara- 
tion of the machines; one certificate on which the deliverer of the 
machine can certify that he has delivered the machines to the poll- 
ing-places in good order; one card stating the penalty for tampering 
with or injuring a voting machine; two seals for sealing the voting 
machine; one envelope in which the keys to the voting machine can 
be sealed and delivered to the election officers, said envelope to 
have printed or written thereon the designation and location of the 
election district in which the machine is to be used, the number of 
machine, the number shown on the protective counter thereof after 
the machine has been prepared for the election and the number or 
other designation on such seal as the machine is sealed with; said 
envelope to have attached to it a detachable receipt for the delivery 
of the keys of the voting machine to the judge of election; one en- 
velope in which keys to the voting machine can be returned by the 
election officers after the election; one card stating the name and 
telephone address of the custodian on the day of the election; two 
statements of canvass on which the election officers can report the 
canvass of the votes as shown on the voting machine, together with 



212 ELECTION LAWS OF MONTANA 

other necessary information relating to the election, said statements 
of canvass to take the place of all tally papers, statements, and re- 
turns as provided heretofore; three (3) complete sets of ballot labels; 
two diagrams of the face of the machine with the ballot labels 
thereon, each diagram to have printed above it the proper instruc- 
tions to voters for voting on the machine; six (6) suitable printed' in- 
structions to judges of election; six (6) notices to judges of election to 
attend the instruction meeting; six certificates that the judges of 
election have attended the instruction meeting, have received the 
necessary instruction, and are qualified to conduct the election with 
the machine. 

(4) The ballot labels shall be printed in black ink on clear 
white material of such size and arrangement as shall suit the con- 
struction of the machine; provided, however, that the ballot labels 
for the questions may contain a condensed statement of each ques- 
tion to be voted on, followed by the words "Yes" and "No"; and 
provided further, that the titles of the officers thereon shall be printed 
in type as large as the space for each office will reasonably permit, 
and wherever more than one candidate will be voted for for an 
office, there shall be printed below the office title thereof the words 
"vote for any two," or such number as the voter is lawfully entitled 
to vote for for such office. 

(5) When any person is nominated for an office by more than 
one political party his name shall be placed upon the ticket under 
the designation of the party which first nominated him; or, if nom- 
inated by more than one party at the same time, he shall, within 
the time fixed by law for filing certificates of nomination, file with 
the officer with whom his certificate of nomination is requred to be 
filed, a written statement indicating the party designation under 
which he desires his name to appear upon the ballot, and it shall be 
so printed. If he shall refuse or neglect to so file such a statement, 
the officer with whom the certificate of nomination is required to be 
filed shall place his name under the designation of either of the 
parties nominating him, but under no other designation whatsoever. 

(6) If the election be one at which all the candidates for office 
of Presidential Electors are to be voted for with one device, the 
County Commissioners shall furnish for each machine twenty-five 
(25) ballots for each political party, each ballot containing the names 
of the candidates for the office of Presidential Electors of such party 
and a suitable space for writing in names, so that the voter can 
vote thereon for part of the candidates for the office of Presidential 
Electors of one party and part of the candidates therefor of one or 
more other parties or for persons for that office not nominated by any 
party. For election precincts in which voting machines are to be 
used, no books or blanks for making poll-lists shall be provided, but 
in lieu thereof, the registry lists shall contain a column in which can 
be entered the number of each voter's ballot as indicated by the 
number registered on the public counter as he emerges from the 
voting machine. 



ELECTION LAWS OF MONTANA 213 

23-1608 (764). City and County Clerks to Set Up Machines for 
Use. The City or County Clerks of each city or county in which a 
voting machine is to be used shall cause the proper ballots to be 
put upon each machine corresponding with the sample ballots 
herein provided for, and the machines in every way put in order, 
set and adjusted ready for use in voting when delivered at the pre- 
cinct; and for the purpose of so labeling the machines, putting in 
order, setting and adjusting the same, they may employ one or more 
competent persons, and they shall cause the machine so labeled, in 
order to set and adjusted, to be delivered at the voting precinct, to- 
gether with all necessary furniture and appliances that go with the 
same in the room where the election is to be held in the precinct, in 
time for the opening of the polls on election day; provided, how- 
ever, that a shield of tin painted black made to conform with the 
shape of the keys or levers on said voting machine, shall be placed 
over the keys or levers not in use on the face of the ballot of the 
voting machine; said shields to be plainly marked with the words 
"not in use"; and provided that a space of at least one row of keys 
or levers be left vacant and marked "not in use" between the rows 
assigned to the two parties obtaining the largest number of votes 
cast at the previous general election; and provided, also that the 
general ballot used on the voting machines shall conform in the lo- 
cation of the various parties and the location of the various names 
of the candidates, with the paper ballots used in the precincts where 
voting machines are not in use. Thus the party assigned to the first 
verticle column on the paper ballot be given the first vertical column 
or the top horizontal row on the voting machine; the party assigned 
to the second vertical column on the paper ballot be given the sec- 
ond vertical column, or the second horizonal row to be voted on the 
voting machine. The judges shall compare the ballots on the ma- 
chine with the sample ballot, see that they are correct, examine and 
see that all the counters, if any, in the machine are set at zero, and 
that the machine is otherwise in perfect order, and they shall not 
thereafter permit the machine to be operated or moved except by 
electors in voting, and they shall also see that all necessary arrange- 
ments and adjustments are made for voting iregular ballots on the 
machine, if such machine be so arranged. 

23-1609 (765). — Irregular Ballots. In case a voting machine be 
adopted which provides for the registry or recording of votes for 
candidates whose names are not on the official ballot, such ballot 
shall be denominated irregular ballots. A person whose name ap- 
pears on a ballot, or on or in a machine or machine system, shall 
not be voted for for the same office or on or in any regular device 
for casting an irregular ticket, and any such vote shall not be count- 
ed, except for the office of Presidential Electors, and an elector may 
vote in or on such irregular device for one or more persons nom- 
inated by one party with one or more persons nominated by any one 
or all other parties, or for one or more persons nominated by one or 
more parties with one or more persons not in nomination, or he may 
vote in such irregular device a Presidential Electoral ticket com- 
posed entirely of names of persons not in nomination. 



214 ELECTION LAWS OF MONTANA 

23-1610 (766). Counting the Votes. As soon as the polls of the 
election are closed the judges shall immediately lock the machine, 
or remove the recording device so as to provide against voting, and 
open the registering or recording compartments in the presence of 
any person desiring to attend the same, and shall proceed to ascer- 
tain the number of votes cast for each person voted for at the elec- 
tion, and to canvass, record, announce, and return the same as pro- 
vided by law. 

23-1611 (767). Election Returns. (1) The judges, as soon as 
the count is completed and fully ascertained, shall place the ma- 
chine for one hour in such a position that the registering or record- 
ing comparments will be in full view of the public and any person 
desiring to view the number of votes cast for each person voted for 
at the election, must be permitted to do so. Immediately after the 
above said one hour shall have expired the judges shall seal, close, 
lock the machine or remove the record so as to provide against 
voting or being tampered with, and in case of a machine so sealed 
or locked, it shall so remain for a period of at least thirty (30) days, 
unless opened by order of a court of competent jurisdiction. When 
irregular ballots have been voted, the judges shall return them in a 
properly sealed package endorsed "irregular ballots," and indicating 
the precinct and county and file such package with the City or 
County Clerk. It shall be preserved for six (6) months after such 
election and may be opened and its contents examined only upon 
an order of a court or competent jurisdiction; at the end of such six (6) 
months unless ordered otherwise by the court, such package and its 
contents shall be destroyed by the City or County Clerk. All tally 
sheets taken from such machine, if any, shall be returned in the 
same manner. 

(2) The officers heretofore charged with the duty of furnishing 
tally sheets and return blanks shall furnish suitable return blanks 
and certificates to the officers of election. Such return sheets shall 
have each candidate's name designated by the same reference 
character that said candidate's name bears on the ballot labels 
and counters, and shall make provision for writing in of the vote 
for such candidate in figures and shall also provide for writing in of 
the vote in words. Such return sheet shall also provide for the return 
of the vote on questions. It shall also have a blank thereon, on 
which can be marked the precinct, ward, etc., of which said return 
sheet bears the returns and the number and make of the machine 
used. Said return sheet shall also have a certificate thereon, to be 
executed before the polls open by the judges of election, stating that 
all counters except the protective counter, if any, and except as 
otherwise noted thereon, stood at "000" at the beginning of the elec- 
tion, and that all of said counters had been carefully examined be- 
fore the beginning of the election; that the ballot labels were cor- 
rectly placed on the machine and correspond to the sample ballot, 
and such other statements as the particular machine may require; 
and shall provide for the signature of the election officers. Said re- 
turn sheets shall also have thereon a second certificate stating the 



ELECTION LAWS OF MONTANA 21 S 

manner of closing the polls, the manner of verifying the returns, that 
the foregoing returns are correct, giving the indication of the public 
counter, and poll-list, and protective counter, if any, at the close of 
the election. Such certificate shall properly specify the procedure of 
canvassing the vote and locking the machine, etc., for the particular 
type of machine used, and such certificate shall be such that the 
election officers can properly subscribe to it as having been followed 
and shall have provisions for the signature of the election officers. 
The election officers shall conform their procedure to that specified 
in the certificate to which they must certify. The certificate and attest 
of the election officers shall appear on each return sheet. 

23-1612 (768). Election Laws Applicable. All laws of this Stale 
applicable to elections where voting is done in another manner than 
by machine, and all penalties prescribed for violation of such laws, 
shall apply to elections and precincts where voting machines are 
used, in so far as they are not in conflict with the provisions of this 
chapter. 

23-1613 (769). Penalty for Neglect of Duty by Election Officer. 

Any public officer, or any election officer upon whom any duty is 
imposed by this Act, who shall wilfully neglect or omit to perform 
any such duties, or do any act prohibited herein for which punish- 
ment is not otherwise provided herein, shall, upon conviction, be im- 
prisoned in the state prison for not less than one year or more than 
three years, or be fined in any sum not exceeding One Thousand 
Dollars, or may be punished by both such imprisonment and fine. 

23-1614 (770). Penalty for Tampering With or Injuring Ma- 
chines. Any person not being an election officer who, during any 
election or before any election, after a voting machine has had 
placed upon it the ballots for such election, shall tamper with such 
machine, disarrange, deface, injure, or impair the same in any man- 
ner, or mutilate, injure, or destroy any ballot placed thereon or to be 
placed thereon, or any other appliance used in connection with such 
machine, shall be imprisoned in the state prison for a period of not 
more than ten years, or be fined not more than One Thusand Dollars, 
or be punished by both such fine and imprisonment. 

23,1615 (771). Penalty for Violation of Duty by Judge of Elec- 
tion. Whoever, being a judge of election, with intent to permit or 
cause any voting machine to fail to correctly register or record any 
vote cast thereon, tampers with or disarranges such machine in any 
way, or any part or appliance thereof, or who causes or consents to 
said machine being used for voting at any election with knowledge 
of the fact that the same is not in order or not perfectly set and ad- 
justed, so that it will correctly register or record all votes cast there- 
on, or who, for the purpose of defrauding or deceiving any voter, or 
causing it to be doubtful for what ticket or candidate or candidates or 
proposition any vote is cast, or of causing it to appear upon said 
machine that votes cast for one ticket, candidate, or proposition were 
cast for another ticket, candidate, or proposition, removes, changes, 
or mutiliates any ballot on said machine, or any part thereof, or does 



2i 6 Election laws of Montana 

any other like thing, shall be imprisoned in the state prison not more 
than ten years, or fined not exceeding One Thousand Dollars, or 
punished by both such fine and imprisonment. 

23-1616 (772). Penalty for Fraudulent Returns or Certificates. 

Any judge or clerk of an election who shall purposely cause the vote 
registered or recorded on or in such machine to be incorrectly taken 
down as to any candidate or proposition voted on, or who shall 
knowingly cause to be made or signed any false statement, cer- 
tificate, or return of any kind, of such vote, or who shall knowingly 
consent to such things, or any of them, being done, shall be im- 
prisoned in the state prison not more than ten years, or fined not 
more than One Thousand Dollars or punished by both such fine and 
imprisonment. 

23-1617 (773). Experimental Use of Machines — Defective Ma- 
chines. The proper officers authorized by Section 23-1603 to adopt 
voting machines, may provide for the experimental use at an elec- 
tion of a machine or machines, approved by the Secretary of State, 
in one or more precincts, without a formal adoption or purchase 
thereof, and the use thereof at such election shall be as valid for all 
purposes as if formally adopted. If from any cause a machine be- 
comes unworkable, or unfit for use, voting shall proceed as in cases 
where machines are not used, and the county clerk must furnish each 
voting place with the supply of ballots and other supplies required 
by the election laws, to be used in case of emergency herein pro- 
vided for, and in such case only. 

23-1618. Approved Machines — Continuation of Use. All voting 
machines heretofore approved in accordance with the provisions of 
said Sections 23-1601 and 23-1602 prior to the amendment thereof 
by this act, and now owned and used by any of the several counties, 
cities or towns in this State, may be continued in use by such coun- 
ties, cities and towns without the same being required to be again 
approved by the Secretary of State in accordance with the provisions 
of said sections as hereby amended. 

CHAPTER 17 
ELECTION RETURNS 

23-1701 (774). Canvass to Be Public and Without Adjournment. 

As soon as the polls are closed, the judges must immediately proceed 
to canvass the votes given at such election. The canvass must be 
public in the presence of bystanders and must be continued without 
adjumment until completed and the result thereof is publicly de- 
clared. 

23-1702 (775). Mode of Canvassing. The canvass must com- 
mence by a comparison of the poll-lists from the commencement, and 
the correction of any mistakes that may be found therein, until they 
are found to agree. The judges must then take out of the box the bal- 
lots unopened except to ascertain whether each ballot is single, and 
count the same to determine whether the number of ballots cor- 



Election laws of Montana 217 

responds with the number of names on the poll-lists. If two or more 
ballots are found so folded together as to present the appearance of 
a single ballot, they must be laid aside until the count of the ballots 
is completed, and if, on comparing the count with the poll-lists and 
further considering the appearance of such ballots, a majority of 
the judges are of the opinion that the ballots thus folded together 
were voted by one elector, they must be rejected; otherwise they 
must be counted. 

23-1703 (776). Where Ballots Are in Excess of Names on Check- 
List. If the ballots then are found to exceed in number the whole 
number of names on the poll-lists, they must be placed in the box 
(after being purged in the manner above stated), and one of the 
judges must, publicly, and without looking in the box, draw there- 
from singly and destroy unopened so many ballots as are equal 
to such excess. And the judges must make a record on the poll-list 
of the number of ballots so destroyed. 

23-1704 (777). What Ballots Must Be Counted. In the canvass 

of the votes, any ballot which is not endorsed as provided in this 
Code by the official stamp is void and must not be counted, and any 
ballot or parts of a ballot from which it is impossible to determine 
the elector's choice is void and must not be counted; if part of a bal- 
lot is sufficiently plain to gather therefrom the elector's intention, it is 
the duty of the judges of election to count such part. 

23-1705 (778). Ascertaining the Number of Votes Cast and Per- 
sons Voted For. The ballots and poll-lists agreeing or being made to 
agree, the judges must then proceed to count and ascertain the 
number of votes cast for each person voted for. In making such 
count the ballots must be opened singly by one of the judges, and the 
contents thereof, while exposed to the view of the other judges, must 
be distinctly read aloud by the judge who opens the ballot. As the 
ballots are read, each clerk must write at full length on a sheet to be 
known as a tally-sheet the name of every person voted for and of the 
office for which he received votes, and keep by tallies on such sheet 
the number of votes for each person. The tally-sheets must then be 
compared and their correctness ascertained, and the clerks must, un- 
der the supervision of the judges, immediately thereafter set down, at 
length and in their proper places in the poll-books, the names of all 
persons voted for, the offices for which they respectively received 
votes, and the total number of votes received by each person, as 
shown by the tally-sheets. No ballot or vote rejected by the judges 
must be included in the count provided for in this section. 

23-1706 (779). Ballots to Be Strung and Inclosed in Sealed En- 
velopes. The ballots, as soon as read or rejected for illegality, must 
be strung upon a string by one of the judges, and must not there- 
after be examined by any person, but must, as soon as all legal 
ballots are counted, be carefully sealed in a strong envelope, each 
member of the judges writing his name across the seal. 

23-1707 (780). Rejected Ballots. Any ballot rejected for illegal- 
ity must be marked by the judges, by writing across the face there- 



218 ELECTION LAWS OF MONTANA 

of "Rejected on the ground of ," filling the blank with a brief 

statement of the reasons for the rejection, which statement must be 
dated and signed by a majority of the judges. 

23-1708 (781). Poll-books — Signing and Certification of. As 

soon as all the votes are counted and the ballots sealed up, the poll- 
books must be signed and certified to by the judges and clerks of 
election substantially as in the form of Section 23-702. 

23-1709 (782). Election Returns by Judges— How Made. The 

judges must, before they adjourn, enclose in a strong envelope, 
securely sealed and directed to the County Clerk, the check-lists, all 
certificates of registration received by them, the lists of the persons 
challenged, both of the poll-books, both of the tally-sheets, and the 
official oaths taken by the judges and clerks of election; and must 
enclose in a separate package or envelope, securely sealed and 
directed to the County Clerk, all unused ballots with the numbered 
stubs attached; and must also enclose in a separate package or en- 
velope, securely sealed and directed to the County Clerk, all ballots 
voted, including all voted ballots which, for any reason, were not 
counted or allowed, and all detached stubs from ballots voted, and 
endorse on the outside thereof "Ballots Voted." Each of the judges 
must write his name across the seal of each of said envelopes or 
packages. The ballot box must be returned to the County Clerk. 

23-1710 (784). Custody of Election Returns. The sealed en- 
velope containing the check-lists, certificates of registration, poll- 
book, tally-sheets, oaths of election officers, also the package or en- 
velope containing the voted ballots and detached stubs and the 
package or envelope containing the usual ballots, must, before 
the judges adjourn, be delivered to one of their number, to be de- 
termined by lot, unless otherwise agreed upon. 

23-1711 (785). Delivery to County Clerk. The judges to whom 
such packages are delivered must, within twenty-four hours, deliver 
them, without their having been opened, to the County Clerk, or con- 
vey the same, unopened, to the postoffice nearest the house in 
which the election for such precinct was held, and register and mail 
the same, duly directed to the said clerk. 

23-1712 (786). Filing of Ballots and Stubs by County Clerk. 

Upon the receipt of the packages or envelopes by the County Clerk, 
he must file the packages or envelope containing the ballots voted 
and detached stubs and the package or envelope containing the 
unused ballots, and must keep them unopened and unaltered for 
twelve (12) months, after which time, if there is no contest com- 
menced in some tribunal having jurisdiction about such election, he 
must burn such packages, or envelopes, without opening or exam- 
ining their contents. 

23-1713 (787). Keeping Returns Pending Contest. If, within 
twelve months, there is such a contest commenced, he must keep the 
packages of envelopes unopened and unaltered until it is finally de- 
termined, when he must, as provided in the preceding section, de- 



ELECTION LAWS OF MONTANA 21$ 

stroy them, unless the same are by virtue of an order of the tribunal 
in which the contest is pending, brought and opened before it to the 
end that evidence may be had of their contents, in which event the 
packages or envelopes and their contents are in the custody of 
such tribunal. 

23-1714 (788). Disposition of Returns Prior to Canvass of Vote. 

The envelopes containing the check-lists, certificates of registration, 
poll-book, tally-sheets, and oaths of election officers must be filed by 
the County Clerk and be kept by him, unopened and unaltered, until 
the Board of County Commissioners meet for the purpose of canvas- 
sing the returns, when he must produce them before such board, 
where the same shall be opened. 

23-1715 (789). Clerk to File in His Office Books, Papers, etc. 

As soon as the returns are canvassed, the clerk must file in his office 
the poll-book, lists, and the papers produced before the board from 
the package mentioned in the next preceding section. 

CHAPTER 18 

CANVASS OF ELECTION RETURNS — RESULTS 
AND CERTIFICATES 

23-1801 (790). Meeting of County Commissioners to Canvass 
Returns. The Board of County Commissioners of each county is ex- 
officio a Board of County Canvassers for the county, and must meet 
as the Board of County Canvassers at the usual place of meeting of 
the County Commissioners within ten days after each election, at 
twelve o'clock noon, to canvass the returns. 

23-1802 (791). In Case of Absence Certain County Officers to 
Act. If, at the time and place appointed for such meeting, one or 
more of the County Commissioners should not attend, the place of 
the absentees must be supplied by one or more of the following 
county officers, whose duty it is to act in the order named, to-wit, the 
Treasurer, the Assessor, the Sheriff, so that the Board of County 
Canvassers shall always consist of three acting members. The 
Clerk of the Board of County Commissioners is the Clerk of the Board 
of County Canvassers. 

23-1803 (792). Canvass to Be Postponed, When. If at the time 
of meeting, the returns from each precinct in the county in which 
polls were opened have been received, the Board of County Can- 
vassers must then and there proceed to canvass the returns; but if 
all the returns have not been received, the canvass must be post- 
poned from day to day until all of the returns are received, or until 
seven postponements have been had. If the returns from any elec- 
tion precinct have not been received by the County Clerk within 
seven days after any election, it is his duty forthwith to send a mes- 
senger to the judges for the missing returns, who must procure such 
returns from the judges, or any of them, and return the same to the 
County Clerk. Such messenger must be paid out of the county treas- 
ury fifteen cents per mile in going and coming. If it appears to the 



220 ELECTION LAWS OF MONTANA 

board, by evidence, that the polls were not opened in any precinct, 
and no returns have been received therefrom, the board must certify 
to the same, and file such certificate with the County Clerk, with the 
evidence, if any, who must enter the same in the minutes and in the 
statement mentioned in Section 23-1805. 

23-1804 (793). Canvass to Be Public. The canvass must be 
made in public by opening the returns and determining therefrom 
the vote of such county or precinct for each person voted for, and 
for and against each proposition voted upon at such election, and de- 
claring the result thereof. In canvassing, no returns must be rejected 
if it can be ascertained therefrom the number of votes cast for each 
person. The fact that the returns do not show who administered the 
oath to the judges or clerks of election, or a failure to fill out all the 
certificates in the poll-books, or to do or perform any other act in 
making up the returns, that is not essential to determine for whom 
the votes were cast, is not such an irregularity as to entitle the board 
to reject the same, but they must be canvassed as other returns are. 

23-1805 (794). Statement of the Result to Be Entered of Record. 

The Clerk of the board must, as soon as the result is declared, enter 
on the records of such board a statement of such result, which state- 
ment must show: 

1. The whole number votes cast in the county. 

2. The names of the persons voted for and the propositions 
voted upon. 

3. The office to fill which each person was voted for. 

4. The number of votes given at each precinct to each of such 
persons, and for and against each of such propositions. 

5. The number of votes given in the county to each of such per- 
sons, and for and against each of such propositions. 

23-1806 (795). Plurality to Elect. The person receiving at any 
election the highest number of votes for any office to be filled at 
such election is elected thereto. 

23-1807 (796). Duty of Canvassing Board— Tie Vote. The board 

must declare elected the person having the highest number of votes 
given, for each office to be filled by the votes of a single county or a 
subdiviison thereof, and in the event of two or more persons receiv- 
ing an equal and sufficient number of votes to elect to the office of 
State Senator, or Member of the House of Representatives, it shall be 
the duty of the board, under the direction of and in the presence of 
the District Court, or Judge thereof, to recount the ballots cast for such 
persons, and the board shall declare elected the person or persons 
shown by the recount to have the highest number of votes. If such 
recount shall show that two or more such persons receive an equal 
and sufficient number of votes to elect to the same office, then, and in 
that event, the board shall certify such facts to the Governor. 



ELECTION LAWS OF MONTANA 221 

23-1808 (797). Certificates Issued by the Clerk. The Clerk of 
the Board of County Commissioners must immediately make out and 
deliver to such person (except to the person elected District Judge) a 
certificate of election signed by him and authenticated with the seal 
of the Board of County Commissioners. 

23-1809 (798). Returns for Joint Members of House of Represen- 
tatives. When there are members of the House of Representatives 
voted for by the electors of a district composed of two or more coun- 
ties, each of the clerks of the counties composing such district, im- 
mediately after making out the statement specified in Section 23-1805 
must make a certified abstract of so much thereof as relates to the 
election of such officers. 

23-1810 (799). How Transmitted. The clerk must seal up such 
abstract, indorse it "Election Returns," and without delay transmit 
the same by mail to the Clerk of the Board of Commissioners of the 
county which stands first in alphabetical arrangement in the list of 
counties composing such district. 

23-1811(800). Duty of Clerk Receiving Such Returns. The clerk 
to whom the returns of a district are made must, on the twentieth 
day after such election, or sooner, if the returns from all the counties 
in the district have been received, open in public such returns, and 
from them and the statement of the vote for such officers in his own 
county: 

1. Make a statement of the vote of the district for such officers, 
and file the same, together with the returns, in his office. 

2. Transmit a certified copy of such statement to the Secretary 
of State. 

3. Make out and deliver or transmit by mail to the persons 
elected a certificate of election (unless it is by law otherwise pro- 
vided). 

23-1812 (801). State Returns, How Made. When there has been 
a general or special election for officers voted for by the electors of 
the State at large or for judicial officers (except Justices of the Peace), 
each Clerk of the Board of County Canvassers, so soon the statement 
of the vote of his county is made out and entered upon the records 
of the Board of County Commissioners, must make a certified ab- 
stract of so much thereof as relates to the votes given for persons 
for said offices to be filled at such election. 

23-1813 (802). How Transmitted. The clerk must seal up such 
abstract, endorse it "Election Returns," and without delay transmit 
it by mail, registered, to the Secretary of State. 

23-1814 (803). State Canvassers, Composition and Meeting of 
Board. Within thirty days after the election and sooner if the re- 
turns be all received, the State Auditor, State Treasurer, and Attor- 
ney-General, who constitute a Board of State Canvassers, must meet 
in the office of the Secretary of State and compute and determine the 



222 ELECTION LAWS OF MONTANA 

vote, and the Secretary of State, who is Secretary of said Board, must 
make out and file in his office a statement thereof and transmit a 
copy of such statement to the Governor. 

(As amended by Chapter 55, Laws of 1949). 

23-1815 (804). Messenger May Be Sent for Returns— His Duty 
and Compensation. If the returns from all the counties have not 
been received on the fifth day before the day designated for the 
meeting of the Board of State Canvassers, the Secretary of State 
must forthwith send a messenger to the Clerk of the Board of County 
Canvassers of the delinquent county, and such clerk must furnish 
the messenger with a certified copy of the statement mentioned in 
Section 23-1805. The person appointed is entitled to receive as com- 
pensation Five Dollars per day for the time necessarily consumed in 
such service, and the traveling expenses necessarily incurred. His 
account therefor, certified by the Secretary of State, after being al- 
lowed by the Board of Examiners, must be paid out of the general 
fund of the State Treasury. 

23-1816 (805). Governor to Issue Commissions. Upon receipt of 
such copy mentioned in Section 23-1814, the Governor must issue 
commissions to the persons who from it appear to have received the 
highest number of votes for offices to be filled at such election. In 
case a Governor has been elected to succeed himself, the Secretary 
of State must issue the commission. 

23-1817 (806). Defect in Form of Returns to Be Disregarded. No 

declaration of the result, commission, or certificate must be withheld 
on account of any defect or informality in the return of any election, 
it can with reasonable certainty be ascertained from such return 
what office is intended and who is elected thereto. 

23-1818 (807). Duty of Secretary of State to Print Election Laws. 

It is the duty of the Secretary of State to cause to be published, in 
pamphlet form a sufficient number of copies of election laws and 
such other provisions of law as bear upon the subject of elections, 
and to transmit the proper number to each County Clerk, whose 
duty it is to furnish each election officer in his county with one of 
such copies. 

23-1819 (808). Penalties. The penalties for the violation of elec- 
tion laws are prescribed in Sections 94-1401 to 94-1474. 

CHAPTER 19 

FAILURE OF ELECTIONS— PROCEEDINGS ON THE VOTE 

23-1901 (809). Tie Vote on Representative in Congress. In case 
of a failure, by reason of a tie vote or otherwise, to elect a Represen- 
tative in Congress, the Secretary of State must transmit to the Gov- 
ernor a certified statement showing the vote cast for such persons 
voted for, and in case of a failure to elect, by reason of a tie vote or 
otherwise, the Governor must order a special election. 



ELECTION LAWS OF MONTANA 223 

23-1902 (810). Proceedings on Tie Vote. In case any two or 
more person have an equal and highest number of votes for either 
Governor, Lieutenant-Governor, Secretary of State, Attorney Gen- 
eral, State Auditor, State Treasurer, Clerk of the Supreme Court, -Su- 
perintendent of Public Instruction, or any other state executive of- 
ficer, the Legislative Assembly, at its next regular session, must 
forthwith, by joint ballot of the two houses, elect one of such per- 
sons to fill such office; and in case of a tie vote for Clerk of the Dis- 
trict Court, County Attorney, or for any county officer except County 
Commissioner, and for any township officer, the Board of County 
Commissioners must appoint some eligible person, as in case of 
other vacancies in such offices; and in case of a tie vote for County 
Commissioner, the District Judge of the county must appoint an 
eligible person to fill the office, as in other cases of vacancy. 

23-1903 (811). Tie Vote on State Officers. In case of a tie vote 
for state officers, as specified in the preceding section, it is the duty 
of the Secretary of State to transmit to the Legislative Assembly, at its 
next regular session, a certified copy of the statement showing the 
vote cast for the two or more persons having an equal and the high- 
est number of votes for any state office. 

23-1904 (812). Tie Vote on Judicial Officers. In case any two or 
more persons have an equal and highest number of votes for Jus- 
tice of the Supreme Court, or Judge of a District Court, the Secretary 
of State must transmit to the Governor a certified statement showing 
the vote cast for such person, and thereupon the Governor must ap- 
point an eligible person to hold office as in case of other vacancies 
in such offices. 

CHAPTER 20 

NON-PARTISAN NOMINATION AND ELECTION OF JUDGES 
OF SUPREME COURT AND DISTRICT COURTS 

23-2001 (812.1). Nomination and Election of District Court and 
Supreme Court Judges. That hereafter all candidates for the office 
of Justice of the Supreme Court of the State of Montana or Judge of 
the District Court in any judicial district of the State of Montana, shall 
be nominated and elected in accordance with the provisions of this 
Act and in no other manner. 

23-2002 (812.2). Nominations. Candidates for any office within 
the provision of this Act, to be filled at any election to be held in the 
State of Montana, shall be nominated in the manner herein provided 
at the regular primary nominating election provided by law for the 
nomination of other candidates for other offices to be filled at such 
election, and all laws relating to such primaries shall continue to be 
in force and to be applicable to the said offices in so far as may be 
consistent with the provisions of this Act. 

23-2003 (812.3). Petition for Nomination— Contents— Form— Fil- 
ing — Fees. All persons who shall desire to become candidates for 



224 ELECTION LAWS OF MONTANA 

nomination to any office within the provisions of this Act shall pre- 
pare, sign and file petitions for nomination in compliance with the 
requirements of the primary election laws, which petition for nom- 
ination shall be substantially in the following form: 

To (Name and title of officer with 

whom the petition is to be filed), and to the electors of the 

(State or counties of comprising the district 

or county as the case may be) in the State of Montana: 

I, , reside at , 

and my post office address is I am a candidate 

on the nonpartisan judicial ticket for the nomination for the office of 

at the primary nominating election to be 

held in the (State of Montana or district or county), 

on the day of , 19 , and 

if I am nominated as the candidate for such office I will accept the 
nomination and will not withdraw, and if I am elected, I will qualify 
as such officer. 

Provided, however, that no such petition for judicial office shall 
indicate the political party or political affiliations of the candidate, 
and provided further that no candidate for judicial office may in his 
petition for nomination state any measures or principles he advo- 
cates, or have any statement of measure or principle which he ad- 
vocates, or any slogans, after his name on the nominating ballot 
as permitted by Section 23-911. 

Each person so filing a petition for nomination shall pay or re- 
mit therewith the fee prescribed by law for the filing of such a peti- 
tion for the particular judicial position for which he aspires for nom- 
ination. All such petitions for Justices of the Supreme Court and 
Judges of the several District Courts of the State shall be filed with 
the Secretary of State. 

23-2004 (812.4). Register of Candidates for Nomination. On re- 
ceipt of each of such petitions the Secretary of State shall make cor- 
responding entries in the "Register of Candidates for Nomination" 
as now provided by law, but on a page or pages of such register 
apart from entries made with reference to the district candidates of 
political parties. 

23-2005 (812.5). Arrangement and Certificate of Judicial Candi- 
dates — Separate from Party Designation. At the same time and in 
the same manner as by law he is required to arrange and certify 
the names of candidates for other state offices the Secretary of State 
shall separately arrange and certify and file as required by law, the 
names of all candidates for judicial office, certifying to each County 
Clerk of the State the names of all candidates for judicial office en- 
titled to appear on the primary ballot in his county, with all other 
information required by law to appear upon the ballot, which lists 
of judicial candidates shall be made upon separate sheets of paper 
from the lists of candidates to appear under party or political 
headings. 



ELECTION LAWS OF MONTANA 225 

23-2006 (812.6). Primary Ballots— Preparation and Distribution. 

At the same time and in the same manner as he is by law required 
to prepare the primary election ballots for the several political 
parties, the County Clerk of each county shall arrange, prepare and 
distribute official primary ballots for judicial offices which shall be 
known and designated and entitled "Judicial Primary Ballots," which 
shall be arranged as are other primary ballots, except that the name 
of no political party shall appear thereon. The same number of of- 
ficial judicial primary ballots and sample ballots shall be furnished 
for each election precinct, as in the case of other primary election 
ballots. 

23-2007 (812.7). Judicial Primary Ballots— Voting. Each elector 
having the right to vote at a primary election shall be furnished with 
a separate "Judicial Primary Ballot" at the same time and in the 
same manner as he or she is furnished with other ballots provided 
by law and each elector, without regard to political party, may mark 
such "Judicial Primary Ballot" for one or more persons of his choice 
for judicial nominations, depending on the number to be nominated 
and elected, which shall be deposited in the general ballot box pro- 
vided. The official number of such judicial primary ballot so de- 
livered and voted shall correspond to the official number of the 
regular ballot of the elector. Every elector shall be entitled to vote, 
without regard to politics, for one or more persons of his choice for 
nomination for judicial office, depending on the number of places to 
be filled at the succeeding general election. Different terms of of- 
fice for the same position shall be considered as separate offices. 

23-2008 (812.8). Separate Counting and Canvassing of Judicial 
Ballots — Application of General Laws. After the closing of the polls 
at a primary election, the election officers shall separately count 
and canvass the judicial primary ballots and make record thereof, 
and certify to the same, showing the number of votes cast for each 
person upon the judicial primary ballot, in addition to certifying the 
party vote or other matters voted upon as required by law. Judicial 
ballots, their stubs, and unused ballots, shall be disposed of in the 
same manner as other ballots, stubs and unused ballots, and all re- 
turns made in the same manner now provided by law. 

23-2009 (812.9). Nominations— Placing Names on Ballots. The 

candidates for nomination at any primary election for any office 
within the provisions of this Act, to be filled at the succeeding gen- 
eral election, equal in number to twice the number to be elected at 
the succeeding general election, who shall have received at any 
such primary election the highest number of votes cast for nomina- 
tion to the office for which they are candidates (or if the number of 
all the candidates voted for as aforesaid be not more than twice 
the number to be elected, then all the candidates) shall be the nom- 
inees for such office; and their names; and none other, except as 
hereinafter provided, shall be printed as candidates for such re- 
spective offices upon the official ballots which are provided accord- 
ing to law for use at such succeeding primary or general election; 
provided that no candiate shall be entitled to have his name placed 



226 . ELECTION LAWS OF MONTANA 

on the judicial ballot at the general election, in any form, unless he 
shall have been a successful candidate at the primary election. 

23-2010 (812.10). Tie Vote, How Decided. In case of a tie vote, 
candidates receiving tie vote for Justice of the Supreme Court or 
Judge of the District Courts shall appear and cast lots before the 
Secretary of State on the fifth day after such vote is officially can- 
vassed. In case any such candidate or candidates shall fail to ap- 
pear either in person or by proxy in writing, before twelve o'clock 
noon of the day appointed, the Secretary of State shall by lot de- 
termine the candidate whose name will be certified for the general 
election and printed on the official ballot. 

23-2011 (812.11). Vacancies Among Nominees After Nomina- 
tions and Before General Election, How Filled. If after any primary 
election, and before the succeeding general election, any candidate 
nominated pursuant to the provisions of this Act, shall die or by 
virtue of any present or future law become disqualified from or dis- 
entitled to have his name printed on the ballot for the election, a va- 
cancy shall be deemed to exist which shall be filled by the other- 
wise unnominated and not disentitled candidate for the same office 
next in rank with respect to the number of votes received in such 
primary election. If after the primary, and before the general elec- 
tion, there should not be any candidate nominated and living and en- 
titled to have his name printed on the ballot for any office which is 
within the provisions of this Act, or not enough of such candidates to 
equal the number of persons to be elected to such office, then the 
Governor in the case of Justice of the Supreme Court and Judges of 
the District Courts is authorized and empowered to certify to the 
Secretary of State the names of persons qualified for such office or 
offices equal in number to twice the number to be elected at the gen- 
eral election, and the names of the persons so nominated shall there- 
upon be printed on the official ballot in the same manner as though 
regularly nominated at the judicial primary election. Nominations 
so made by the Governor to fill a vacancy shall not be deemed filed 
too late if filed within ten days after the vacancy occurs, and in case 
the ballots for the election have already been printed, stickers may 
be used to place the names of such candidate upon the ballot. 

23-2012 (812.13). Unlawful for Political Party to Endorse Judicial 
Candidate. It shall be unlawful for any political party to endorse 
anycandiate for the office of Justice of the. Supreme Court or Judge of 
a District Court, and anyone who in any way participates in such 
endorsement by any political party, or who purports to act on behalf 
of any political party in endorsing any candidate shall be guilty of 
a misdemeanor. 

23-2013 (812.14). Arrangements of Judicial Ballot When Voting 
Machine Used. In all counties of the State where voting machines 
are now, or may hereafter be used in any elections, it shall be the 
duty of the Clerk and Recorder to arrange the judicial ballot in both 
the primary and general elections in the verticle column or horizontal 
row or space, immediately following the column, row or space as- 



ELECTION LAWS OF MONTANA 227 

signed the first major political party and immediately preceding the 
column, row or space assigned the second major political party. 

23-2014 (812.15). Repealing Clause — Application of General 
Laws. All Acts and parts of Acts in conflict herewith are hereby re- 
pealed, and all laws pertaining to elections, both primary and gen- 
eral, and to special elections, not in conflict herewith are hereby 
declared applicable to the nomination and election of the officers 
herein referred to. . 

CHAPTER 21 

PRESIDENTIAL ELECTORS, HOW CHOSEN — DUTIES 

23-2101 (813). Electors, When Chosen. At the general election 
in November, preceding the time fixed by the law of the United 
States for the choice of President and Vice-President of the United 
States, there must be elected as many electors of President and 
Vice-President as this State is entitled to appoint. The names of the 
Presidential Electors shall appear on the ballot and in addition 
thereto, preceding them, shall appear the names of the Presidential 
and Vice-Presidential candidates in their respective party designated 
columns. No square shall appear in front of the names of the Presi- 
dential Electors instead of which there shall be one square in front 
of the names of the Presidential and Vice-Presidential candidates. 
The ballot shall also have the following directon printed thereon: 
"To vote for the Presidential Electors of any party, the voter shall 
place a cross in the square before the names of the candidates for 
President and Vice-President of said party." The number of votes 
received by Presidential and Vice-Presidential candidates shall, 
within the meaning of this Act, be the number of votes to be credited 
to each of the Electors representing them. 

23-2102 (814). Returns, How Made. The votes for Electors of 
President and Vice-President must be canvassed, certified to, and 
returned in the same manner as the votes for state officers. 

23-2103 (815). Duty of Governor. The Governor must transmit 
to each of the electors a certificate of election, on or before the 
day of their meeting deliver to each of the electors a list of the names 
of electors, and must do all other things required of him in the prem- 
ises by any Act of Congress in force at the time. 

23-2104 (816). Meeting of Electors. The electors must assemble 
at the seat of government the first Monday after the second Wednes- 
day in December next following their election, at two o'clock in the 
afternoon. 

23-2105 (817). Vacancies, How Supplied. In case of the death 
or absence of any elector chosen, or in case the number of electors 
from any cause be deficient, the electors then present must elect, 
from the citizens of the State, so many persons as will supply such 
deficiency. 

23-2106 (818). Voting of Electors. The electors, when convened, 
must vote by ballot for one person for President and one for Vice- 



228 ELECTION LAWS OF MONTANA 

President of the United States, one of whom at least is not an in- 
habitant of this State. 

23-2107 (819). Separate Ballots for President and Vice-President. 

They must name in their ballots the persons voted for as President, 
and in distinct ballots the persons voted for as Vice-President. 

23-2108 (820). Must Make List of Persons Voted for. They must 
make distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of votes 
given for each. 

23-2109 (821). Result to Be Transmitted as Provided by Laws 
of the United States. They must certify, seal up, and transmit such 
lists in the manner prescribed by the constitution and laws of the 
United States. 

23-2110 (822). Compensation of Electors. Electors receive the 
same pay and mileage as is allowed to members of the Legislative 
Assembly. 

23-2111 (823). How Audited and Paid. Their accounts there- 
for, certified by the Secretary of State, must be audited by the State 
Auditor, who must draw his warrants for the same on the Treasurer, 
payable out of the general fund. 

CHAPTER 22 

MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES 

23-2201 (824). Election of United States Senators— for Full Term 
and to Fill Vacancies. The election of Senators in Congress of the 
United States for full terms must be held on the first Tuesday after 
the first Monday in November next preceding the commencement of 
the term to be filled; and the elections of Senators in Congress of the 
United States to fill vacancies therein must be held at the time of the 
next succeeding general state election following the occurrence of 
such vacancy; if any election therefor be invalid or not held at such 
time, then the same shall be held at the second succeeding general 
state election. Nominations of candidates and elections to the office 
shall be made in the same manner as is provided by law in case of 
Governor. 

23-2202 (825). Writs of Election to Fill Vacancy. When a va- 
cancy happens in the office of one or more Senators from the State 
of Montana in the Congress of the United States, the Governor of this 
State shall issue, under the seal of the State, a writ or writs of elec- 
tion, to be held at the next succeeding general State election, to fill 
such vacancy or vacancies by vote of the electors of the State; pro- 
vided, however, that the Governor shall have power to make tem- 
porary appointments to fill such vacancy or vacancies until the 
electors shall have filled them. 

23-2203 (826). When Held. At the general election to be held 
in the year eighteen hundred and ninety-two, and at the general 



ELECTION LAWS OF MONTANA 229 

election every two years thereafter, there must be elected for each 
congressional district one Representative to the Congress of the 
United States. 

23-2204 (827). Returns, How Made. The vote for Representa- 
tive in Congress must be canvassed, certified to, and transmitted in 
the same manner as the vote for State officers. 

23-2205 (828). Certificates Issued By Governor. The Governor 
must, upon receipt of the statement mentioned in Section 23-1814, 
transmit to the person elected a certificate of his election, sealed 
with the great seal and attested by the Secretary of State. 

CHAPTER 23 

RECOUNT OF BALLOTS — RESULTS 

23-2301 (828.1). Recount of Votes, Order for— Application, Con- 
tents and Time for Making — Hearing — Determination by Court. Any 

unsuccessful candidate for any public office at any general or spe- 
cial election, or an any municipal election, may within five 
days after the canvass of the election returns by the board 
or body charged by law with the duty of canvassing such elec- 
tion returns, apply to the District Court of the county in which 
said election is held, or to any Judge thereof, for an order di- 
rected to such board to make a recount of the votes cast at 
such election, in any or all of the election precincts wherein the elec- 
tion was held, as hereinafter provided. Said application shall set 
forth the grounds for a recount, and it shall be verified by the ap- 
plicant to the effect that the matters and things therein stated are 
true to the best of the applicant's knowledge, information and belief. 
Within five days after the filing of said application in the office of 
the Clerk of said District Court, the said Court, or the Judge thereof, 
shall hear and consider said application, and determine the suf- 
ficiency thereof; and, if from said verified application, the District 
Court, or the Judge thereof, finds that there is probable cause for be- 
lieving that the judges and clerks of election did not correctly count 
and ascertain the number of votes cast for such applicant at any one 
or more of the election precincts that the judges and clerks of elec- 
tion might not have correctly counted and ascertained the number of 
votes cast for the applicant in any one or more election precincts, 
then, or in either of such events, the Court or Judge shall make 
an order addressed to the said Board of County Canvassers, requir- 
ing tham at the time and place fixed by said order, which time shall 
be not more than five days from the making of such order to re- 
assemble and reconvene as a canvassing board, and to recount the 
ballots cast at said election precinct or precincts of which complaint 
is made as in said order specified. 

23-2302 (828.2). Failure to Comply with Provisions for Counting 
Votes, Presumption of Incorrectness From. If it shall be made to ap- 
pear by such verified application that the judges or clerks of election 
in any one or more election precincts did not comply with each and 



230 ELECTION LAWS OF MONTANA 

all of the provisions and requirements of Section 23-1705, in counting 
and ascertaining the number of votes cast for each person voted for 
at said election, that shall be considered as sufficient probable cause 
for believing that the judges and clerks of election of said election 
precinct, or precincts, did not correctly count and ascertain the num- 
ber of votes cast for the applicant in such election precinct or pre- 
cincts. 

23-2303 (823.3). Calling in Other Judge— Court Not Divested of 
Jurisdiction by Failure to Hear Application Within Prescribed Time. 

If the Judge of said District Court of the county in which said election 
is held be ill, or absent, or for any other reason disqualified from act- 
ing, then and in that event another District Court Judge shall be 
called in to hear and determine said application, either by an order 
of a Judge of said District Court, or by an order by a Justice of the 
Supreme Court of the State of Montana. A failure to hear, consider 
or determine said application within the time herein provided, shall 
not divest the court of jurisdiction, but the said court before which 
said application is presented and filed shall retain jurisdiction there- 
of for all purposes until said application is finally acted upon, con- 
sidered and determined, and until a final count is made and had by 
the said Board of County Canvassers and the result thereof finally 
determined as herein provided. 

23-2304 (828.4). Precincts in Which Recount Ordered — Deposit 
of Cost of Recount — Procedure When More Than One Application 
for Recount Made — Manner of Recounting Votes — Certificates of Elec- 
tion. (1) If said application asks for a recount of the votes cast in 
more than one election precinct, but the grounds thereof are not suf- 
ficient for a recount in all, the court shall order a recount as to only 
such precinct as to which there are sufficient grounds stated and 
shown. The court in its order shall determine the probable expense 
of making such recount, and the applicant or applicants asking for 
such recount shall deposit with the said board the amount so de- 
termined and specified in said order, in cash; and if it be ascertained 
by said recount that the applicant or applicants have been elected 
to said office, then and in that event all money so deposited with 
said board shall be returned to the said applicant or applicants, but 
if an applicant as a result of said recount is found not to have been 
elected, then if the expense of making said recount shall be greater 
than the estimated cost thereof said applicants shall pay said excess, 
but if. less than the estimated cost, then the difference shall be re- 
funded to the applicant or applicants. The expense of making said 
recount as herein provided, shall be the salary of the members of the 
canvassing board for the period of time required to make such re- 
count, and the salary of two clerks at the rate of not more than $8.00 
per day each. 

(2) If more than one candidate makes application for a recount 
of the votes cast at said election, the court may, in its discretion, 
consider such applications separately or together, and may make 
separate or joint orders in relation thereto, and apportion the ex- 
pense between said applicants. The Board of Canvassers, in re- 






ELECTION LAWS OF MONTANA 231 

counting said ballots cast in said election, shall count the votes cast 
in the respective precincts as to which a recount is ordered for the 
several candidates in whose behalf a recount is ordered, at the same 
time, in the following manner: 

(3) The County Clerk shall produce, unopened, the sealed 
package or envelope received by him from the judges of election of 
the election precinct, or precincts, as to which a recount is ordered, 
in which is enclosed all ballots voted at such election in said pre- 
cinct or precincts; and the package or envelope must then be opened 
by a member of the Board of County Canvassers in the presence 
and view of the other members of said Board and of the County 
Clerk, and of the candidates for said office or offices as to which 
said recount is ordered, present thereat. The ballots must then be 
taken from said packages of envelope by a member of the board, 
and in the presence of the candidate or candidates seeking such re- 
count, and the candidate or candidates who by the first canvass 
was found to have received the highest number of votes, the ballots 
must be taken singly by one of the members of the Canvassing 
Board, and the contents thereof, while exposed to the view of said 
candidates and of one of the other members of said Canvassing 
Board, must be distinctly read aloud, and as the ballots are read, two 
clerks must write at full length, on sheets to be known as tally sheets, 
which shall be previously prepared for that purpose, one for each 
clerk, with the name of said respective candidates and the office or 
offices as to which a recount is being made, with the numbers of 
such election precincts as to which said recount is ordered, and the 
number of votes for each person in said election precinct or precincts. 
At the completion of said recount the tally sheets must then be com- 
pared and their correctness ascertained, and the total number of 
votes cast for any candidate determined. If, on such recount, the 
votes cast for any candidate who makes such application shall be 
either more or less than the number of votes shown upon the official 
returns for that person and office, then the original returns shall be 
thereupon by the Clerk of Said Board of Canvassers, and under its 
direction, corrected so as to state the number of votes ascertained on 
such recount. 

(4) The said Board of Canvassers shall thereupon cause its 
clerk to enter on the records of said board the result of said election 
as determined by such recount, and the clerk of said Board shall 
thereupon make out and deliver certificate of election in conformity 
to the result ascertained by said recount. 

(5) The candidate who as a result of the original or first canvass 
of the returns by the Board of Canvassers, was found to be elected, 
shall be served with a copy of the application, and shall be given an 
opportunity to be heard thereon, and he shall be permitted to be 
present and to be represented at any recount ordered. 

(6) When said recount of the ballots in any election precinct 
has been finished, the ballot shall then be again enclosed in the 
same package or envelope in which they had been placed by the 



232 ELECTION LAWS OF MONTANA 

judges of election, and in the presence and view of the County Clerk 
and the members of the Board of Canvassers the said packages or 
envelopes shall again be closed and sealed, and then again de- 
livered into the custody of the County Clerk. 

23-2305 (828.5). Recount Limited to Precincts and Offices Speci- 
fied in Order of Court. The Board of Canvassers shall make no re- 
count of any votes cast in any election precinct or for any office 
other than the precinct or precincts and office or offices specified in 
said order. 

23-2306 (828.6). Certificates of Election, Effect of Recount on. 

If it shall be found and determined by said recount that the person 
to whom the County Clerk had issued a certificate of election pur- 
suant to Section 23-1808, did not in fact receive the highest number 
of votes cast at said election for said office, then the said certificate of 
election first issued by said Clerk shall be void, and the certificate 
of election issued by said Clerk pursuant to the findings and de- 
termination of said recount shall be treated and considered, for all 
purposes as the only certificate of election to said office, and the per- 
son named therein shall be the person elected to said office. 

23-2307 (828.7). Election Officers Not to Be Paid Until After 
Recount — Not Paid on Finding Incorrect Count. No judge or clerk of 
any election, of any election precinct, as to which a recount is or- 
dered shall receive any pay for his or her services as such judge or 
clerk until the completion of such recount by the said Canvassing 
Board, and if it shall be ascertained on such recount that any ap- 
plicant in whose behalf such recount is had, has been elected, then 
in that event, the judges and clerks of the election precincts in which 
the votes were found to have not been correctly counted shall not be 
paid or receive any pay for their services as such. 

23-2308 (829). Other Provisions Concerning Contests, Reference 

to. See Sections 23-926 to 23-928 and Sectons 94-1464 to 94-1468 for 
other provisions governing election contests. 

CHAPTER 24 

CONVENTIONS TO RATIFY PROPOSED AMENDMENTS TO 
CONSTITUTION OF THE UNITED STATES 

23-2401 (829.1). Convention for Ratification of Amendments to 
United States Constitution. Whenever the Congress shall propose 
an amendment to the constitution of the United States and shall pro- 
pose that the same be ratified by convention in the States, a conven- 
tion shall be held, as provided herein, for the purpose of ratifying 
such amendment. 



ELECTION LAWS OF MONTANA 233 

23-2402 (829.2). Delegates to Constitutional Convention. The 

number of delegates to be chosen to such convention shall be not 
less than one-half of the number of the members of the Legislative 
Assembly of Montana, and each county shall have one-half of the 
number of delegates as it is then entitled to elect members of the 
Legislative Assembly of Montana, provided, that when the number 
is an odd number, each county shall be entitled to one-half of the 
next even number. The delegates shall be elected at the next gen- 
eral election or primary nominating election held throughout the 
State, after the Congress has proposed the amendment, or at a spe- 
cial election to be called by the governor, at his discretion, by proc- 
lamation at any time after the Congress has proposed the amend- 
ment, and except as otherwise provided herein, the election, in all 
respects, from the nomination of candidates to and including the cer- 
tificate of election, shall be in accordance as nearly as may be with 
the laws of the State relating to the election of members of the Legis- 
lative Assembly of the state. 

23-2403 (829.3). Nomination of Delegates. Nomination of a can- 
didate for the office of delegate shall be by petition, which shall be 
signed by not less than one hundred voters of the county. Nomina- 
tions shall be without party or political designation, but shall be as 
"in favor of" or "opposed to" ratification of the proposed amend- 
ment. All petitions and the acceptances thereof shall be filed not 
less than thirty days prior to the election. 

23-2404 (829.4). Election of Delegates. The results of the elec- 
shall be determined as follows: The total number of votes cast for 
each candidate "in favor of" ratification, and the total number of 
votes cast for all candidates "in favor of" ratification and the total 
number of votes cast for each candidate "opposed to" ratification 
and the total number of votes cast for all candidates "opposed to" 
ratification shall be ascertained, and the candidates equal to the 
number to be elected receiving the highest number of votes from the 
side that casts the greater number of votes in favor of or opposed 
to ratification, as the case may be, shall be deemed elected. 

23-2405 (829.5). Form of Ballot. On the official ballot there 
shall be printed the proposed amendment, the names of candidates 
for delegates to the convention, and appropriate instructions to the 
voters, all in substantially the following form: 



234 



ELECTION LAWS OF MONTANA 



PROPOSED AMENDMENT TO THE CONSTITUTION OF 
THE UNITED STATES 

Delegates to the Convention to Ratify the Proposed Amendment. 

The Congress has proposed an amendment to the Constitution of 
the United States which provides, (insert here the substance of the 
proposed amendment). 

The Congress has also proposed that the said amendment shall 
be ratified by conventions in the states. 



In Favor of 

ratification of the proposed amendment. 


Opposed to 

ratification of the proopsed amendment. 

Vote for 


candidates only. 


candidates only. 


Names of candidates. 


Names of candidates. 



23-2406 (829.6). Time for Convention of Delegates. The dele- 
gates to the convention shall meet at the state capitol on the first 
Monday in the month following the election, at 10:00 o'clock a. m., 
and shall constitute a convention to act upon the proposed amend- 
ment to the constitution of the United States. 

23-2407 (829.7). Quorum — Officers — Procedure — Qualifications. 

A majority of the total number of delegates to the convention shall 
constitute a quorum. The convention shall have power to choose 
a president and secretary, and all other necessary officers, and to 
make rules governing the procedure of the convention. It shall be 
the judge of the qualifications and election of its own members. 

23-2408 (829.8). Compensation of Delegates and Officers. Each 
delegate shall receive mileage and per diem as provided by law 
for members of the Legislative Assembly. The secretary and other 
officers shall receive such compensation as may be fixed by the 
convention. 

23-2409 (829.9). Certificate of Result — Transmission to Secre- 
tary of State of United States. When the convention shall have 
agreed by a majority of the vote of the total number of delegates in 



ELECTION LAWS OF MONTANA 235 

attendance at such convention, a certificate to that effect shall be 
executed by the president and secretary of the convention, and 
transmitted to the Secretary of State of the United States. 

23-2410 (829.10). Qualification of Signers of Petitions and 

Electors. Those entitled to petition for the nomination of candidates 
and to vote at such election shall be determined as now provided by 
the registration laws of Montana. 

23-2411 (829.11). Federal Acts to Supercede State Provisions 
Concerning Amendments. If the Congress shall either in the reso- 
lution submitting the proposed amendment, or by statute, prescribe 
the manner in which the convention shall be constituted, the preced- 
ing provisions of this Act shall be inoperative, and the convention 
shall be constituted and held as the said resolution or act of Con- 
gress shall direct, and all officers of the State of Montana who may 
by said resolution or statute be authorized to direct, or be directed to 
take any action to constitute such a convention for this state, are 
hereby authorized and directed to act thereunder, and in obedience 
thereto, with the same force and effect as if acting under a statute of 
this state. 

CHAPTER 7 

PUBLIC BRIDGES 

32-709 (1711). Election to Determine Question of Construction- 
Bonds — Special Levy. Before the construction of any bridge referred 
to in the preceding section, the cost of which shall exceed ten thous- 
and dollars, shall be undertaken, the Board of County Commission- 
ers shall submit to the qualified electors of a county, at a general or 
special election, the question of whether such bridge shall be con- 
structed, and the cost thereof paid by the county; and if the electors 
at such election shall vote in favor of the construction of such bridge, 
the Board of County Commissioners may, if they deem it necessary 
and advisable to do so, issue and sell the bonds of said county to the 
amount authorized for the purpose of constructiong such bridge, un- 
der such regulations as other bonds of the county are issued and 
sold, and with such funds construct said bridge; or, if the cost of such 
bridge shall not exceed the amount authorized to be raised by a spe- 
cial levy, a special levy may be made for the purpose of raising the 
moneys necessary to defray the cost of constructing such bridge, as 
provided in the preceding section. 

CHAPTER 1 
INITIATIVE AND REFERENDUM 

(Constitutional Provisions Art. V., Sec. 1) 

37-101 (99). Form of Petition for Referendum. The following 
shall be substantially the form of petition for the Referendum to the 
people on any act passed by the Legislative Assembly of the State of 
Montana: 



236 ELECTION LAWS OF MONTANA 

Warning 

Any person signing any name other than his own to this petition, 
or signing the same more than once for the same measure at one 
election, or who is not, at the time of signing the same, a legal voter 
of this State, is punishable by a fine not exceeding Five Hundred 
Dollars ($500), or imprisonment in the penitentiary not exceeding two 
years, or by both such fine and imprisonment. 

Petition for Referendum 

To the Honorable , Secretary of State for the 

State of Montana: 

We, the undersigned citizens and legal voters of the State of 

Montana, respectfully order that Senate (House) Bill Number , 

entitled (title of act), passed by the Legislative As- 
sembly of the State of Montana, at the regular (special) session of 
said Legislative Assembly, shall be referred to the people of the 
State for their approval or rejection, at the regular, general, or special 

election to be held on the day of , 19 , 

and each for himself says: I have personally signed this petition; I 
am a legal voter of the State of Montana; and my residence, post 
office address, and voting precinct are correctly written after my 
name. 

Name Residence 

Post office address 

If in city, street and number 

Voting precinct 

(Here follow numbered lines for signatures.) 

37-102 (100). Form of Petition for Initiative. The following shall 
be substantially the form of petition for any law of the State of Mon- 
tana proposed by the initiative: 

Warning 

Any person signing any name other than his own to this petition, 
or signing the same more than once for the same measure at one 
election, or who is not, at the time of signing the same, a legal voter 
of this State, is punishable by a fine not exceeding Five Hundred 
Dollars ($500), or imprisonment in the penitentiary not exceeding two 
years, or by both such, fine and imprisonment. 

Petition for Initiative 

To the Honorable , Secretary of State of 

the State of Montana: 

We, the undersigned legal voters of the State of Montana, re- 
spectfully demand that the following proposed law shall be sub- 
mitted to the legal electors of the State of Montana, for their approval 
or rejection, at the regular, general, or special election to be held on 

the day of , 19 , and each for 

himself says: 



ELECTION LAWS OF MONTANA 237 

I have personally signed this petition, and my residence, post 
office address, and voting precinct are correctly written after my 
name. 

Name Residence 

Post office address 

If in city, street and number 

Voting precinct 

(Numbered lines for names on each sheet.) 

Every such sheet for petitioner's signature shall be attached to a 
full and correct copy of the title and text of the measure so proposed 
by initiative petition; but such petition may be filed with the Secre- 
tary of State in numbered sections, for convenience in handling, and 
referendum petitions may be filed in sections in like manner. 

37-103 (101). County Clerk to Verify Signatures. The County 
Clerk of each county in which any such petitions shall be signed 
shall compare the signatures of the electors signing the same with 
their signatures on the registration books and blanks on file in his 
office, for the preceding general election, and shall thereupon attach 
to the sheets of said petition containing such signatures his certificate 
to the Secretary of State, substantially as follows: 

State of Montana, County of _ w ss. 

To the Honorable , Secretary of State 

for Montana: 

I, , County Clerk of the County of 

, hereby certify that I have com- 
pared the signatures on (number of sheets) of the Referendum (Initia- 
tive) petition, attached hereto, with the signatures of said electors as 
they appear on the registration books and blanks in my office; and I 
believe that the signatures of (names of signers), numbering (number 
of genuine signatures), are genuine. As to the remainder the signa- 
tures thereon, I believe that they are not genuine, for the reason that 

; and I further certify 

that the following names 

( ) do not appear on the registration books 

and blanks in my office. 

Signed : 

(Seal of Office) County Clerk. 

By 

Deputy 

Every such certificate shall be prima facie evidence of the facts 
stated therein, and of the qualifications of the electors whose signa- 
tures are thus certified to be genuine, and the Secretary of State shall 
consider and count only such signatures on such petitions as shall 
be so certified by said County Clerks to be genuine; provided, that 
the Secretary of State may consider and count such of the remaining 
signatures as may be proved to be genuine, and that the parties so 
signing were legally qualified to sign such petitions, and the official 
certificate of a Notary Public of the county in which the signer re- 



238 ELECTION LAWS OF MONTANA 

sides shall be required as to the fact for each of such last-named 
signatures; and the Secretary of State shall further compare and 
verify the official signatures and seals of all Notaries so certifying 
with their signatures and seals filed in his office. Such Notaries' 
certificate shall be substantially in the following form: 

State of Montana, ] 

}-ss. 
County of J 

I, , a duly qualified and acting 

Notary Public in and for the above-named county and State, do here- 
by certify: that I am personally acquainted with each of the follow- 
ing named electors whose signatures are affixed to the annexed peti- 
tion, and I know of my own knowledge that they are legal voters of 
the State of Montana, and of the county and precincts written after 
their several names in the annexed petition, and that their residence 
and post office address is correctly stated therein, to-wit: (Names of 
such elecors.) 

In testimony whereof, I have hereunto set my hand and official 
seal this day of , 19 



Notary Public, in and for County, 

State of Montana. 

The County Clerk shall not retain in his possession any such 
petition, or any part thereof, for a longer period than two days for 
the first two hundred signatures thereon, and one additional day 
for each two hundred additional signatures, or fraction thereof, on 
the sheets presented to him, and at the expiration of such time he 
shall forward the same to the Secretary of State, with his certificate 
attached thereto, as above provided. The forms herein given are not 
mandatory, and if substantially followed in any petition, it shall be 
sufficient, disregarding clerical and merely technical errors. 

37-104 (102). Notice to Governor and Proclamation. Immediate- 
ly upon the filing of any such petition for the Referendum or the 
Initiative with the Secretary of State, signed by the number of voters 
and filed within the time required by the Constitution, he shall notify 
the Governor in writing of the filing of such petition, and the Gover- 
nor shall forthwith issue his proclamation, announcing that such peti- 
tion has been filed, with a brief statement of its tenor and effect. Said 
proclamation shall be published four times for four consecutive 
weeks in one daily or weekly paper in each county of the State of 
Montana. 

37-105 (103). Certification and Numbering of Measures — Con- 
stitutional Amendments. The Secretary of State, at the same time 
that he furnishes to the County Clerk of the several counties certified 
copies of the names of the candidates for office, shall also furnish 
the said County Clerks his certified copy of the titles and numbers 
of the various measures to be voted upon at the ensuing general or 



ELECTION LAWS OF MONTANA 239 

special election, and he shall use for each measure a title designated 
for that purpose by the Legislative Assembly, committee, or organ- 
ization presenting and filing with him the act, or petition for the 
Initiative or the Referendum, or in the petition or act; provided, that 
such title shall in no case exceed one hundred words, and shall not 
resemble any such title previously filed for any measure to be sub- 
mitted at that election which shall be descriptive of said measure, 
and he shall number such measures. All measures shall be num- 
bered with consecutive numbers beginning with the number im- 
mediately following that on the last measure filed in the office of 
the Secretary of State. The affirmative and negative of each meas- 
ure shall bear the same number, and no two measures shall be 
numbered alike. It shall be the duty of the several County Clerks to 
print said titles and numbers on the offocial ballot prescribed by Sec- 
tion 23-1 102, in the numerical order in which the measures have been 
certified to them by the Secretary of State. Measures proposed by 
the Initiative shall be designated and distinguished from measures 
proposed by the Legislative Assembly by the heading "Proposed 
Petition for Initiative." 

All constitutional amendments submitted to the qualified electors 
of the State shall likewise be placed upon the official ballot pre- 
scribed by said Section 23-1102 and no such amendment shall here- 
after be submitted on a separate ballot. Nothing herein contained 
shall be deemed to change the existing laws of the State regulating 
in other respects the manner of submitting such proposed amend- 
ments. 

37-106 (104). Manner of Voting — Ballot. The manner of voting 
on measures submitted to the people shall be by marking the ballot 
with a cross in or on the diagram opposite and to the left of the 
proposition for which the voter desires to vote. The form of ballot 
to be used on measures submitted to the people shall be submitted 
to and determined by the Attorney General of the State of Montana. 
The following is a sample ballot representing negative vote: 



a 



h 



For Initiative Measure No. 6 
Relating to Duties of Sheriffs. 

Against Said Measure No. 6 

For Referendum Measure No. 7 
Relating to Purchase of Insane Asylum. 

Against Said Measure No. 7 



37-107 (105). Printing and Distribution of Measures. The Secre- 
tary of State shall furnish a copy of each of the proposed measures 
to be submitted to the people and make requisition on the State Pur- 
chasing Agent for the printing and delivery to him of all proposed 



240 ELECTION LAWS OF MONTANA 

constitutional amendments, initiative and referendum measures to 
be submitted to a vote of the people. 

The State Purchasing Agent, shall, not later than the first Mon- 
day of the third month next before any general or special election, at 
which any proposed law is to be submitted to the people, cause to be 
printed a true copy of the title and text of each measure to be sub- 
mitted, with the number and form in which the question will be print- 
ed on the official ballot. It shall be the duty of the State Purchasing 
Agent to call for bids and contract with the lowest responsible bidder 
for the printing of the proposed law to be submitted to the people. 
Any measure proposed to be submitted to the people and which con- 
cerns the creation of any State levy, debt or liability, including the 
issuance of State bonds or debentures other than refunding bonds or 
debentures, shall be submitted to the eligible voters as defined by 
Section 23-303, upon a separate official ballot and no such measure 
shall be submitted on a general ballot. All other measures proposed 
to be submitted to the people including constitutional amendments 
and initiative and referendum measures which do not concern the 
creation of any State levy, debt or liability, may be submitted on the 
general ballot as provided by Section 23-1105. 

The proposed law to be submitted shall be printed in news type, 
each page to be six inches wide by nine inches long, and when such 
proposed measure constitutes less than six pages, it shall be printed 
flat and forwarded to the County Clerk and Recorder of each of the 
several Counties in that form. 

When the proposed measure constitutes more than six pages, 
said measure shall be printed in pamphlet form, securely stapled, 
without cover. No proposed measure, hereafter, to be submitted to 
the people of the State, as provided for in this Section shall be bound. 
The quality of the paper to be used for the proposed measure shall 
be left to the discretion of the State Purchasing Agent. The number 
of said proposed measures to be printed shall be five per cent (5%) 
more than the number of registered voters, as shown by the regis- 
tration lists of the several Counties of the State at the last preceding 
general election. 

The Secretary of State shall distribute to each County Clerk be- 
fore the second Monday in the third month next preceding such regu- 
lar general election, a sufficient number of said pamphlets to fur- 
nish one copy to every voter in his County. And each County Clerk 
shall be required to mail to each registered voter in each of the sev- 
eral Counties in the State at least one copy of the same within thirty 
(30) days from the date of his receipt of the same from the Secretary 
of State. The mailing of said pamphlets to electors shall be a part of 
the official duty of the County Clerk of each of the several Counties, 
and his official compensation shall be full compensation for this ad- 
ditional service. 

37-108 (106). Canvass of Votes. The votes on measures and 
questions shall be counted, canvassed, and returned by the regular 
boards of judges, clerks, and officers as votes for candidates are 



ELECTION LAWS OF MONTANA 241 

counted, canvassed, and returned, and the abstract made by the 
several County Clerks of votes on measures shall be returned to the 
Secretary of State on separate abstract sheets in the manner pro- 
vided by Section 23-1812 and 23-1813 for abstracts of votes for State 
officers. It shall be the duty of the State Board of Canvassers to pro- 
ceed within thirty days after the election, and sooner if the returns 
be all received, to canvass the votes given for each measure, and 
the Governor shall forthwith issue his proclamation, which shall be 
published in two daily newspapers printed at the Capital, giving the 
whole number of votes cast in the State for against each measure 
and question, and declaring such measures as are approved by a 
majority of those voting thereon to be in full force and effect as the 
law of the State of Montana from the date of said proclamation, 
designating such measures by their titles. 

37-109 (107). Who May Petition — False Signature — Penalties. 

Every person who is a qualified elector of the State of Montana may 
sign a petition for the Referendum or for the Initiative. Any person 
signing any name other than his own to such petition, or signing the 
same more than once for the same measure at one election, or who 
is not, at the time of signing the same, a legal voter of this State, or 
any officer or any person wilfully violating any provision of this 
statute, shall, upon conviction thereof, be punished by a fine not ex- 
ceeding Five Hundred Dollars, or by imprisonment in the penitentiary 
not exceeding two years, or by both such fine and imprisonment, in 
the discretion of the court before which such conviction shall be had. 

37-110 (108). Referred Bills Not Effective Until Approved. A bill 
passed by the Legislative Assembly and referred to popular vote at 
the next general election, or at a special election, shall not be in 
effect until it is approved at such general or special election by a 
majority of those voting for and against it. 

CHAPTER 1 

SENATORIAL. REPRESENTATIVE AND CONGRESSIONAL 

DISTRICTS 

43-101 (42). Senatorial Districts Defined. Each county of the 
State of Montana shall constitute a senatorial district and each sena- 
torial district is entitled to one senator. 

43-102 (43). Districts in New Counties. Whenever new counties 
are created, each of said counties shall be entitled to one senator, 
but in no case shall a senatorial district consist of more than one 
county. 

43-103 (44). Apportionment of Legislative Assemblies. That 
after the expiration of the Thirty-Second Legislative Assembly of the 
State of Montana, the membership of the House of Representatives of 
all Legislative Assemblies of Montana shall be apportioned amongst, 
and to the several counties of the State, upon and according to the 
official Federal census enumeration of the inhabitants of the several 
counties of Montana, as taken by authority of law in the year of 



242 ELECTION LAWS OF MONTANA 

1950, and upon the ratio of one (1) representative, or member, therein 
from each county for each seven thousand (7,000) persons in such 
county, or fractional part thereof in excess of three thousand five 
hundred (3,500) persons; provided that each county now created, 
shall be entitled to at least one (1) member. 

(As amended by Chapter 191, Laws of 1951). 

43-104 (45). Number of Representatives from Each County. In 

accordance therewith each county of the State shall be entitled to, 
and shall elect at each biennial general, State and county election, 
the number of members of the House of Representatives in the Legis- 
lative Assembly of Montana herein below allotted and apportioned 
to it and set opposite its name as follows: 

Beaverhead County One member 

Big Horn County One member 

Blaine County One member 

Broadwater County One member 

Corbon County One member 

Carter County One member 

Cascade County Seven members 

Choteau County One member 

Custer County Two members 

Daniels County One member 

Dawson County One member 

Deer Lodge County Two members 

Fallon County One member 

Fergus County Two members 

Flathead County _.___Four members 

Gallatin County Three members 

Garfield County One member 

Glacier County One member 

Golden Valley County One member 

Granite County One member 

Hill County Two members 

Jefferson County One member 

Judith Basin County One member 

Lake County Two members 

Lewis & Clark County Three members 

Liberty County One member 

Lincoln County One member 

McCone County One member 

Madison County One member 

Meagher County One member 

Mineral County One member 

Missoula County Five members 

Musselshell County One member 

Park County Two members 

Petroleum County One member 

Phillips County One member 

Pondera County One member 



ELECTION LAWS OF MONTANA 243 

Powder River County One member 

Powell County One member 

Prairie County One member 

Ravalli County Two members 

Richland County One member 

Roosevelt County One member 

Rosebud County One member 

Sanders County One member 

Sheridan County One member 

Silver Bow County Seven members 

Stillwater County One member 

Sweet Grass County One member 

Teton County One member 

Toole County One member 

Treasure County One member 

Valley County Two members 

Wheatland County One member 

Wibaux County One member 

Yellowstone County Eight Members 

(As amended by Chapter 191, Laws of 1951). 

43-105 (46). New Counties. Whenever a new county is created 
it shall have and be entitled to one (1) member of the House of Repre- 
sentatives until otherwise apportioned. 

43-106 (47). New Counties — Representative Districts. When- 
ever a new county is created, it shall be attached to, and become a 
part of the representative district, embracing the county from which 
the largest area included in the new county has been taken. 

43-107 (48). Congressional Districts. All that portion of the 
State of Montana lying west of the east boundary of Flathead, Lewis 
and Clark, Broadwater, and Gallatin counties, to-wit: the counties of 
Beaverhead, Broadwater, Deer Lodge, Flathead, Gallatin, Granite, 
Jefferson, Lake, Lewis and Clark, Lincoln, Madison, Mineral, Mis- 
soula, Powell, Ravalli, Sanders, and Silver Bow shall constitute the 
first congressional district of the State; and that all that portion of the 
State of Montana lying east of the east boundary of Flathead, Lewis 
and Clark, Broadwater, and Gallatin counties, to-wit: the counties of 
Big Horn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Dan- 
iels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden Valley, Hill, 
Judith Basin, Liberty, McCone, Meagher, Musselshell, Park, Petrol- 
eum, Phillips, Pondera, Powder River, Prairie, Richland, Rosebud, 
Roosevelt, Sheridan, Stillwater, Sweet Grass, Teton, Toole, Treasure, 
Valley, Wheatland, Wibaux and Yellowstone shall constitute the 
second congressional district of the State. 

Whenever any county is created, comprised partly of the ter- 
ritory of both such districts, said county shall belong to and become 
a part of the district to which major portion of the territory of said 
county belonged and was a part prior to the creation of such new 
county. 



244 ELECTION LAWS OF MONTANA 

CHAPTER 3 

CITY FREE PUBLIC LIBRARIES 

44-301 (5049). Establishment of Free Public Library— Tax Levy 
for Maintenance. The council has power to establish and maintain 
a free public library, and in cities and towns having a free public 
library not established and maintained by such city or town, may 
contribute to the support and maintenance thereof, and for that pur- 
pose may provide by ordinance for a tax as follows: In a city or 
town having assessed valuation of seven hundred and fifty thousand 
dollars ($750,000.00) or more, a tax not exceeding three and one-half 
mills on the dollar on the property may be levied. In a city or 
town having an assessed valuation of less than seven hundred fifty 
thousand dollars ($750,000.00), a tax not exceeding three (3) mills 
on the dollar on the property may be levied. The tax so levied and 
collected constitutes a fund known as the "library fund", and must 
be expanded only for the purchase of books and other things neces- 
sary for a library, and the support and maintenance thereof. 

44-302 (5050). Submission of Questions to Electors. Before any 
such ordinance is passed the Council must submit to the qualified 
electors of the city or town at an election the question. At such elec- 
tion the ballot must have printed or written thereon the words, 
"Public Library — Yes," "Public Library — No," and in voting the 
elector must make a cross thus, "X," opposite the answer for which 
he intends to vote. 

44-303 (5051). Library to Be Established When Majority Vote 
Favors — Election at Which Question May Be Submitted. If the ma- 
jority of the votes cast at such election is in favor of the establish- 
ment of a public library, then such library must be established as 
above provided. Such question may be submitted at the annual or 
at any special election held in such city or town, and must be sub- 
mitted at any such election on the petition of one hundred or more 
inhabitants of such city or town. 

CHAPTER 13 

ELECTIONS RELATING TO SCHOOL MATTERS 

Superintendent of Public Instruction 

75-1301 (931). Election, Qualification, Oath and Bond. There 
shall be chosen by the qualified electors of the State, at the time and 
place of voting for Members of the Legislature, a Superintendent of 
Public Instruction, who shall have attained the age of thirty years 
at the time of his election, and shall have resided within the State 
two years next preceding his election, and is the holder of a state 
certificate of the highest grade, issued in some state, and recognized 
by the State Board of Education, or is a graduate of some university, 
college, or normal school recognized by the State Board of Education 
as of equal rank with the University of Montana or the State Normal 
School. He shall hold his office at the seat of government for the 



ELECTION LAWS OF MONTANA 245 

term of four years from the first Monday in January following his 
election, and until his successor is elected and qualified. * * * 

County Superintendent of Schools 

75-1501 (950). Eligible Without Regard to Sex. All persons 
otherwise qualified shall be eligible to the office of County Super- 
intendent of Common Schools without regard to sex. 

75-1502 (950.1). Qualifications for County Superintendent of 
Schools. No person shall be eligible to the office of County Super- 
intendent of Schools in any county of Montana, who, in addition to 
the qualifications required by the Constitution of the State of Mon- 
tana, is not the holder of a State Certificate offered by the State of 
Montana, granted by endorsement upon graduation from a standard 
normal school, or college, or university; or who is not the holder of 
a certificate offered by the State of Montana, designated as a State 
Certificate granted by examination in accordance with the rules and 
regulations as prescribed by the State Board of Educational Exam- 
iners; and who has not had at least three years successful experience 
as a teacher, principal or superintendent of public schools. The 
above qualifications shall not prohibit the re-election of present in- 
cumbents. 

75-1503 (951). Election of Superintendent. A County Superin- 
tendent of Schools shall be elected in each organized county in this 
State at the general election preceding the expiration of the term 
of office of the present incumbent, and every four years thereafter. 

75-1504 (952). Term of Office. The County Superintendent shall 
take office on the first Monday in January next succeeding his elec- 
tion and hold for four years, and until his successor is elected and 
qualified. 

CHAPTER 16 

SCHOOL TRUSTEES 

75-1601 (985). Qualifications of. Any person, male or female, 
who is a qualified voter at any election under this Act, shall be 
eligible to the office of School Trustee in such district. 

75-1602 (986). Number of. In districts of the first class, the num- 
ber of Trustees shall be seven, in districts of the second class the 
number of Trustees shall be five, and in districts of the third class 
the number of Trustees shall be three. 

75-1603 (987). Elections. An annual election of School Trustees 
shall be held in each school district in the State on the first Saturday 
in April of each year at the district schoolhouse, if there be one, and 
if there be none, at a place designated by the Board of Trustees. In 
districts of the third class having more than one schoolhouse where 
school is held, one Trustee must be elected from persons residing 
where such outside schools are located. 



246 ELECTION LAWS OF MONTANA 

75-1604 (988). Election in Districts of Second and Third Class- 
Nominations. In districts of the second and third class, the names 
of all candidates for membership on the School Board must be re- 
ceived and filed by the clerk and posted at each polling place at 
least five days next preceding the election. Any five qualiifed 
electors of the district may file with the clerk the nominations of as 
many persons as are to be elected to the School Board at the en- 
suing election. 

75-1605 (989). Conduct of Election. In districts of the second 
and third classes, the election of School Trustee shall be held and 
conducted under the supervision of the Board of School Trustees. The 
clerk of the school district must, not less than fifteen days before the 
election required under this Act, post notices in three public places 
in said district, and in incorporated cities in each ward, which notices 
must specify the time and place of election, and the hours during 
which the polls will be open. The Trustees must appoint by an order 
entered in their records three qualified electors of said district, to act 
as judges at such election, and the clerk of the district shall notify 
them by mail of their appointment. If the judges named are not 
present at the time for opening the polls, the electors present may ap- 
point judges, and the judges so appointed shall designate one of 
their number to act as clerk. The voting must be by ballot, without 
reference to the general election laws in regard to nominations, form 
of ballot, or manner of voting, and the polls shall be open for such 
length of time as the Board of Trustees may order; provided, that such 
polls must be open from two p. m. to six p. m. 

75-1606 (990). Election in Districts of First Class — Nominations 
and Conduct of Elections. In districts of the first class, no person 
shall be voted for or elected as trustee unless he has been nominated 
therefor at a bonafide public meeting, held in the district not more 
than sixty (60) days nor less than forty (40) days before the day of 
election, and at which at least twenty (20) qualified electors were 
present, and a chairman and secretary were elected, and a certificate 
of such nomination, setting forth the place where the meeting was 
held, giving the names of the candidates in full, and if there are dif- 
ferent terms to be filled, the term for which such candidate was nom- 
inated, duly certified by the chairman and secretary of such meet- 
ing, shall be filed with the district clerk within ten (10) days after such 
public meeting. The nomination and election of any person shall be 
void, unless he was nominated at a meeting as above provided at 
which at least twenty (20) qualified electors were present, and his 
nomination certified and filed as aforesaid, and the board of trustees 
acting as a canvassing board shall not count any votes cast for any 
person, unless he has been so nominated and a certificate thereof 
filed as herein required. In the event there be held only one (1) such 
public meeting, and only one (1) candidate be nominated for each 
term to be filled then and in that event no election need be held and 
the clerk of such district shall certify such facts to the Board of 
Trustees of the district, acting as a board of canvassers who shall 



ELECTION LAWS OF MONTANA 147 

thereupon certify the election of such persons to the County Super- 
intendent of Schools. 

75-1607 (991). Board of Trustees to Call Election. The Board of 
Trustees shall, at least thirty days before the annual election of 
school trustees, by an order entered upon the minutes of their meet- 
ing, designate and establish a suitable number of polling places 
and create an equal number of election precincts to correspond, and 
define the boundaries thereof. 

75-1608 (992). Notice of. The district clerk shall, at least fifteen 
days before the election in districts of the first class, give notice of 
the election to be held in all such districts, by posting a notice thereof 
in three public places in the district, and in incorporated cities and 
towns in each ward, which notices must specify the time and place 
of election, the number of trustees, and the terms for which they 
are to be elected, and the hours during which the polls will be open. 
Whenever, in the judgment of the Board of Trustees, the best interest 
of the district will be served by the publication of such notices of elec- 
tion in some newspaper in the county, they may, by an order entered 
on the minutes of their meeting, direct the district clerk to publish 
the notice of election required to be given in districts of the first class, 
in some newspaper in the county. 

75-1609 (993). Hours of Election. In districts of the first class 
the polls must be opened at twelve o'clock (12:00) noon and kept open 
until eight o'clock (8:00) P. M. 

75-1610 (994). Judges. The Board of District Trustees shall, at 
least ten days before the day of the annual election of trustees in any 
district of the first class, appoint three qualified electors of the dis- 
trict for each polling place established to act as judges of election, 
and the district clerk shall notify such persons by mail of their ap- 
pointment. Such judges shall designate one of their number to act 
as clerk of such election. If the judges appointed, or any of them, 
are not present at the time for the opening of the polls, the electors 
present may appoint judges, who must be qualified electors, to act 
in the place of those who are absent. 

75-1611(995). Ballots and Method of Voting. In districts of the 
first class, the ballot shall show the name or names of the candidates 
and the length of time for which they are to be elected. These bal- 
lots shall be as near as possible in the following form: 

For School Trustees: 

For Three (3) Year Term. 

Vote for Three: 

John Abner 
William Brown 
Adam Smith 

For One (1) Year Term. 
George Davis 



248 ELECTION LAWS OF MONTANA 

75-1612 (996). Poll and Tally-List, Certificate of Judges, and 
Canvass of Votes. At every election held under this Act, a poll-list 
shall be kept by the judges and clerk at each polling-place, and im- 
mediately after the close of the polls the judges shall count the bal- 
lots, and if there be more ballots than votes cast the judges must 
draw by lot from the ballots, without seeing them, sufficient number 
of ballots to make the ballots remaining correspond with the number 
of votes cast. The clerk shall write down in alphabetical order in a 
poll-book provided for that purpose the name of every person voting 
at the time he deposits his ballot. There shall also be provided a 
tally-list for each polling-place; after the ballots have been counted 
and made to agree with the poll-list the judges shall proceed to count 
them. The clerk shall enter in the tally-list the name of every person . 
voted for as Trustee, and the term, and tally opposite his name the 
number of votes cast for him, and at the end thereof set down in a 
column provided for that purpose the whole number of votes he re- 
ceived. The judges and clerk shall sign a certificate to said tally- 
list, setting forth the whole number of votes cast for each person or 
trustee, designating the term, and they shall verify the same as be- 
ing correct, to the best of their knowledge, before an officer authorized 
to administer oaths. No informality in such certificate shall vitiate 
the election, if the number of votes received for each person can 
reasonably be ascertained from said tally-list. Said books and tally- 
lists shall be returned to the Board of Trustees of the district, who 
shall canvass the vote and cause the clerk of the district to issue a 
certificate of election to the person or persons elected, designating 
their term, a copy of which must be forwarded to the County Super- 
intendent of Schools, School Trustees are hereby authorized to ad- 
miinster oaths to judges of election. 

75-1613 (997). Term of Office — Vacancy — Oath of Trustees. 

Trustees elected shall take office immediately after qualifying, and 
shall hold office for the term of three years except as elsewhere ex- 
pressly provided herein, and until their successors are elected or 
appointed and qualified. 

The clerk of the district shall, at the time of issuing certificate 
of election to a person elected as Trustee, deliver to such person a 
blank oath of office. Every Trustee shall file his oath of office with 
the County Superintendent of Schools within fifteen days of the re- 
ceipt of the certificate of election and blank oath of office from the 
clerk. ■ Any Trustee failing to qualify as herein provided shall for- 
feit all rights to his office, and the County Superintendent of Schools 
shall appoint to fill the vacancy caused thereby. 

75-1614 (998). Vacancy in School Board. A vacancy in the of- 
fice shall be filled by appointment by the County Superintendent of 
Schools; provided, that in districts of the first and second class, such 
appointments shall be subject to confirmation by a majority of the 
remaining members of said Board, if those remaining constitute a 
majority of the total number of the Board. The Trustee so appointed 
shall hold office until the next annual election, at which election there 
shall be elected a School Trustee for the unexpired term. When any 



ELECTION LAWS OF MONTANA 249 

vacancy occurs in the office of Trustee of any school district by 
death, resignation, failure to elect at the proper time, removal from 
the district, or other cause, the fact of such vacancy shall be imme- 
diately certified to the County Superintendent by the clerk of the 
school district, and the County Superintendent shall immediately ap- 
point in writing, some competent person, who shall qualify and serve 
until the next annual school election. The County Superintendent 
shall at the time notify the clerk of the school district of every such 
appointment; provided, that absence from the school district for sixty 
consecutive days, or failure to attend three consecutive meetings of 
the Board of Trustees without good excuse, shall constitute a va- 
cancy in the office of Trustee. 

75-1615 (999). Trustees— How Removed. Any School Trustee 
may be removed from office by a court of competent jurisdiction by 
law for removal of elective civil officers; provided, however, that 
upon charges being preferred and good cause shown, the Board 
of County Commissioners may suspend a trustee until such time as 
such charges can be heard in the court having jurisdiction thereof. 

75-1616 (1000). Vacancy in Office of Clerk. Should the office 
of the clerk of the school district become vacant, the Board of School 
Trustees shall immediately fill such vacancy by appointment, and 
the chairman of the Board of School Trustees shall immediately notify 
the County Superintendent of such appointment. 

75-1617 (1001). Rearrangement of Terms to Prevent the Election 
of a Majority of the Trustees. When at any annual school election 
the terms of a majority of the Trustees regularly expire in districts of 
the first class, three Trustees, in districts of the second class, two 
Trustees, in districts of the third class, one Trustee, shall be elected 
for three years, and the remaining Trustee or Trustees whose terms 
expire shall hold over for one or two years as may be necessary to 
prevent the terms of a majority of the Board of Trustees expiring in 
any one year; provided, that it shall be determined by lot what 
Trustee shall hold over, and for what term. 

75-1618 (1002). Qualifications of Electors. Every citizen of the 
United States of the age of twenty-one years or over who has resided 
in the State of Montana for one year, and thirty days in the school 
district next preceding the election, may vote thereat. 

75-1619 (1003). Challenges— Oath of Voters. Any person offer- 
ing to vote may be challenged by any elector of the district, and the 
judges must thereupon administer to the person challenged an oath 
or affirmation in substance as follows: 

You do solemnly swear (or affirm), that you are a citizen of 
the United States; that you are twenty-one years of age; and that 
you have resided in the State one year, and in this school district 
thirty days next preceding this election, and that you have not voted 
this day, so help you God. 

If he takes this oath or affirmation, his vote must be received; 
otherwise rejected. Any person who shall swear falsely before any 



250 ELECTION LAWS OF MONTANA 

such judge of election shall be guilty of perjury, and shall be pun- 
ished accordingly. 

75-1620 (1004). Expenses of Election. All the expenses neces- 
sarily incurred in the matter of holding elections for School Trustees 
shall be paid out of the school funds of the district. Judges of election 
of districts of the first and second class shall receive not to exceed 
three dollars per day each for all services connected with the 
election. 

75-1631 (1014). Call Special Election. The Board of Trustees 
shall have power to call a special election for the purpose of bonding 
the district for the erection and furnishing buildings and purchase of 
school sites, and for permission to sell school property; provided, 
that in districts of the first and second classes Boards of Trustees shall 
have power to change or select school sites. 

75-1632 (1015). Duties of Trustees. Every school board unless 
otherwise specially provided by law shall have power and it shall 
be its duty: 

8. To purchase, acquire, sell and dispose of plots or parcels of 
land to be used as sites for schoolhouses, school dormitories and 
other school buildings, and for other purposes in connection with the 
schools in the district; to build, purchase or otherwise acquire school- 
houses, school dormitories and other buildings necessary in the 
operation of school of the district, and to sell and dispose of the 
same; provided, that they shall not build or remove schoolhouses or 
dormitories, nor purchase, sell or locate school sites unless directed 
so to do by a majority of the electors of the district voting at an elec- 
tion held in the district for that purpose, and such election shall be 
conducted and votes canvassed in the same manner as at the an- 
nual election of school officers, and notice thereof shall be given by 
the clerk by posting three (3) notices in three (3) public places in the 
district at least ten (10) days prior to such election, which notices 
shall specify the time, place, and purpose of such election. Pro- 
vided, further, that this subdivision shall not be so construed as to 
prevent the board of trustees from purchasing one (1) or more options 
for a school site. 

(From Chapter 207, Laws of 1951). 

CHAPTER 17 

75-1723. Fixing Tax Levy. The county superintendent of 
schools, as clerk of the school budget board, shall, when the board 
of county commissioners meet on the second Monday in August for 
the purpose of fixing tax levies, lay before such board the elementary 
school budgets for all school districts in the county, as finally adopted 
and approved by the school budget board, and it shall be the duty 
of the county commissioners of each county in the state to fix and 
levy a tax of five (5) mills on the dollar of the taxable value of all 
school districts within the county, provided that if a levy of less than 
five (5) mills will be sufficient to meet the approved budget of any 



ELECTION LAWS OF MONTANA 251 

school district, then such lesser levy shall be made, but no school 
district levying less than five (5) mills shall receive any apportion- 
ment for the state public school equalization fund. 

It shall further be the duty of the County Cimmissioners of each 
county in the state to fix and levy a tax for each school district in 
the county within the limitations prescribed by this Act in such 
number of mills as will produce the amount shown by the final 
budget to be raised by tax levy, which may also include a reserve 
fund, not to exceed thirty-five per cent (35%) of the amount appro- 
priated in the final and approved budget for the then current school 
year, for the purpose of maintaining the elementary and high school 
of the district from July 1 to November 30 of the next succeeding 
year, provided that such school district tax shall not, unless ap- 
proved by a vote of the taxpaying electors, exceed the rate of levy 
required to produce an amount equal to the foundation program, 
within the limitations of thirty per cent (30%), hereinbefore specified, 
and provided, further, that such last mentioned additional school 
district tax shall not, in any event, exceed fifteen (15) mills unless 
the excess above said ten mill limitation shall first have been au- 
thorized at an election held in accordance with the general school 
laws pertaining to the voting of additional levies. 

(As amended by Chapter 208, Laws of 1951). 

Section 15. Levy of Taxes. It shall be the duty of the County 
Commissioners of each county in the state to levy an annual special 
tax for high schools of ten (10) mills on the dollar of the taxable value 
of ail taxable property within the county, which levy shall be made 
at the time and in the manner provided by law for the levying of taxes 
for county purposes and which tax shall be collected by the County 
Treasurer at the same time and in the same manner as state and 
county taxes are collected; provided that if a levy of less than ten (10) 
mills should be sufficient to meet the total of the approved budgets of 
all school districts within the county, then such lesser levy shall be 
made, but no high school within a county levying less than ten (10) 
mills for high school purposes shall receive any apportionment from 
the state public school equalization fund. 

If the revenues for the operation and maintenance of any high 
school, including the amount apportionable from said ten (10) mill 
special tax for high schools, shall be less than the foundation pro- 
gram of such high school and the approved additions thereto in- 
cluded in its budget, within the limitations hereinbefore specified, it 
shall be the further duty of the Board of County Commissioners to fix 
and levy a tax, in such number of mills as will produce the amount 
shown by the final budget to be raised by tax levy, which tax shall, 
in the case of a county high school not located within a building dis- 
trict, be levied upon all property in the county, excepting the prop- 
erty of any district supporting a district high, and shall, in the case 
of a county high school located within a high school building dis- 
trict, be levied upon all property in such building district and which 
tax shall, in the case of a district high school not located within a 



252 ELECTION LAWS OF MONTANA 

building district, be levied upon all property within the school dis- 
trict, and shall, in the case of a district high school located within a 
building district, be levied upon all property in such building dis- 
trict; provided, however, that such last mentioned additional tax 
shall not, in any event, exceed ten (10) mills unless the excess above 
said ten-mill limitation shall first have been authorized at an election 
held in accordance with the general school laws pertaining to the 
voting of additional levies. 

(As amended by Chapter 208, Laws of 1951). 

75-1813 (1034). Consolidated Districts — Procedure in Event of 
of Consolidation — Bonded Debts. 

(1) Any two or more school district lying in one county may 
be consolidated, either by the formation of a new district ,or by the 
annexation of one or more districts to an existing district, as herein- 
after provided. 

When severeally the boards of trustees of two (2) or more school 
dlistricts, in regular meeting called for the publicly announced pur- 
poses of considering plans for consolidation of said two (2) or more 
districts and by majority vote of each board of trustees acting sep- 
arately shall ask for district consolidation of each and all such 
petitioning boards, the county superintendent of school having juris- 
diction of such districts, within not less than twenty (20) nor more 
than thirty (30) days, shall cause a ten (10) days' posted notice to be 
given by the clerk in each district seeking election on such proposed 
consolidation of districts. Such notice is to be posted in three (3) 
public places in each such district and in one or more newspapers 
of the district or county, if there be such, giving the time, and place 
or places specified in each notice to vote on the question of con- 
solidation. 

Consolidation of any two (2) or more school districts lying in one 
county may also be affected by the people of the districts concerned 
whenever a petition shall be directed to and received by the county 
superintendent of schools, and shall in each such district seeking 
consolidation be signed by not fewer than twenty per cent (20%) of 
the qualified electors in such district. The county superintendent 
shall within not less than twenty (20), nor more than thirty (30) days, 
cause a ten (10) days' posted notice to be given by the clerk in each 
district seeking election on such proposed consolidation of districts. 
Such notice is to be posted in three (3) public places in each such 
district, and in one or more newspapers of the district or county, if 
if there be such, giving the time and place or places specified in 
each notice to vote on the question of consolidation. 

(2) The votes at such election shall be by ballot, which shall 
read "For consolidation" or "Against consolidation". The presiding 
officer at such election shall, within ten (10) days thereafter, certify 
the result of the vote to the county superintendent of the county in 
which the district lies. 



ELECTION LAWS OF MONTANA 253 

(3) If the majority of the votes cast in each district holding such 
election be for consolidation, it carries, and the superintendent, with- 
in ten (10) days thereafter, shall make proper orders to give effect to 
such vote, and shall thereafter transmit a copy thereof to the County 
Clerk and Recorder and to the clerk of each district affected. If the 
order be for the formation of a new district, it shall specify the name 
and number of such district, and the county superintendent shall 
appoint three (3) trustees to serve until the first Saturday in April 
succeeding. 

(4) At the regular election succeeding there shall be elected by 
the regularly qualified electors three (3) trustes, one of whom shall 
serve for one (1) year, one for two (2) years, and one for three (3) 
years. The election of trustees and terms shall be the same as for 
other districts under the general school laws. 

(5) When, in the interest of reducing cost of operation or im- 
proving the school service, for pupils, a board of trustees, of a third 
class district, shall by majority vote of its members or at the request 
of twenty per cent (20%) of the qualified electors of the districts 
indicated by a petition, ask the county superintendent of schools to 
annex the territory and property of such third class district to any 
second or first class district, the county superintendent shall, upon an 
approving vote of the trustees of the district with which the annex- 
ation is sought, authorize an election on such annexation within not 
less than twenty (20) nor more than thirty (30) days. Notice of such 
election shall be given in the same manner and the same general 
plan for balloting shall be utilized on the question of district annex- 
ation by the electors of the petitioning district or districts as the case 
may be that is hereby authorized for district consolidation. 

(6) The ballot shall in this case be "For annexation" and 
"Against annexation". Should the action of the boards of trustees 
approving the plan of annexation be approved by majority vote of 
electors of the district or districts seeking election on the issue then 
the consolidation sought shall be effected by the county superin- 
tendent of schools within ten (10) days after such election. In the 
event of a disapproving vote by majority of votes cast by either of 
such voting districts, the proposed annexation shall fail. 

(7) In case of annexation of any district or districts to any exist- 
ing district, as herein provided, the proper officers of the annexed 
districts, within ten (10) days from the receipt of a copy of such order, 
shall turn over to the proper officers of the district to which they are 
annexed, all records, funds, and effects of such annexed district. In 
case of the formation of a new district, the proper officers of the dis- 
continued districts in like manner, within ten (10) days after the or- 
ganization of the new district, shall turn over the records, funds, and 
effects of such old districts to the proper officers of the new districts. 

(8) In case of consolidation of districts by annexation, the title 
to school houses and sites of the separate districts shall vest in the 
new consolidated district. The officers of the first or second class dis- 
trict involved shall continue to hold office under the consolidated dis- 



254 ELECTION LAWS OF MONTANA 

trict until the end of the terms for which they were duly elected and 
their successors shall be regularly elected as provided by law. 

Consolidated school districts shall be governed by the general 
school laws of the state. 

(9) Bonded indebtedness of any district merged by consolida- 
tion or annexation shall remain the indebtedness and obligation of 
the district which originally incurred such bonded indebtedness and 
be paid by levies imposed upon property therein. 

(As amended by Chapter 32, Laws of 1951). 

DISSOLUTION OF IOINT SCHOOL DISTRICTS 

75-1818 (1037.1) A joint school district may be dissolved in the 
following manner: 

Whenever the majority of the qualified electors residing in that 
portion of a joint district situated in one county presents a petition 
to the County Superintendent of Schools of the same county praying 
for a dissolution of the district and setting forth briefly the reason 
therefor, such County Superintendent shall immediately give notice 
thereof to all other County Superintendents of counties contributing 
territory to the joint district, and shall within twenty (20) days from 
the date of the receipt of such petition call an election and fix a date 
for the holding of same, and shall notify the clerk of the district to post 
three notices in the territory of each county composing the district. 
Notices must be posted in the most conspicuous places in the territory 
and must be posted at least fifteen days preceding the election. Such 
notices must specify the purpose and the date and hour when the 
polls will be opened and the place at which the election will be held. 
Separate elections must be held in each portion of the district lying in 
different counties on the same date and hour and be conducted in 
the same manner as general school elections. Each County Super- 
intendent of Schools must appoint three judges of election for the 
territory in his or her county and the result of the election must be 
certified by the judges to their respective County Superintendents. 
The County Superintendents shall meet within five days after the 
election and determine the total vote cast throughout the district. If 
a majoriy of all votes cast in the district are for dissolution, the dis- 
trict must be dissolved; or in the event that two-thirds (2/3) of the 
votes cast in the territory of any county favor dissolution the district 
may be dissolved as to such territory; provided both Superintendents 
of the counties affected are agreed that such dissolution will not 
entail an undue hardship to either part of such joint district, and that 
there is no good and sufficient reason why such dissolution should 
not be made. In case of the failure of a two-thirds (2/3) majority in 
any portion of the district, as herein provided, or a failure of the ma- 
jority of the entire district to vote for dissolution, the district shall not 
be dissolved and no election thereon can be held within three (3) 
years thereafter. If dissolution carries it shall take effect at the end 
of the current school year. 



ELECTION LAWS OF MONTANA 255 

75-3801. District School Taxes, Election. (1) Whenever the 
Board of Trustees of any school district shall deem it necessary to 
raise money by taxation in excess of the levy required to meet its 
foundation program and approved additions thereto within the limita- 
tion of thirty per cent (30%) hereinbefore specified, and whenever the 
levy required to meet said approved additions to the elementary 
foundation program of such district shall require a tax levy exceed- 
ing fifteen (15) mills, for the purpose of maintaining the schools of 
said district, or building, altering, repairing or enlarging any school 
house or houses of such district, of furnishing additional school fa- 
cilities for said district, or for any other purpose necessary for the 
proper operation and maintenance of the schools of said district, 
said Board of Trustees shall determine and fix the amount necessary 
and required for such purpose or purposes in addition to the five (5) 
mill levy and the approved addition to its foundation program here- 
inbefore provided for, and it shall submit the question of an addi- 
tional levy to raise said amount to the qualified electors residing 
within the district who are taxpayers and whose names appear upon 
the last completed assessment roll of the county for state, county 
and school taxes, either at the regular annual election held in said 
district, or at a special election called for that purpose by the Board 
of Trustees of said district. Such election shall be called by resolu- 
tion in the same manner as provided for other school elections, and 
shall be held prior to August first. 

(2) Whenever the Board of Trustees of any district or county high 
school shall deem it necessary to raise money by taxation in excess 
of the levy required to meet its foundation program and approved ad- 
ditions thereto within the limitations hereinbefore specified for the 
purpose of maintaining the high schools of said district or the county 
high school, or building, altering, repairing or enlarging any school 
house or houses of such district or county high school, for furnishing 
additional school facilities for said district, or county high school, or 
for any other purpose necessary for the proper operation and main- 
tenance of the schools of said district, or county high school, said 
Board of Trustees shall determine and fix the amount necessary and 
required for such purpose or purposes in addition to any other legal 
levies on the district, including the approved addition to its founda- 
tion program hereinbefore provided for, and in the case of the dis- 
trict high school it shall submit the question of an additional levy to 
raise said amount to the qualified electors residing within the district 
who are taxpayers and whose names appear upon the last com- 
pleted assessment roll of the county for state, county and school 
taxes, either at the regular annual election held in said district or at 
a special election called for that purpose by the Board of Trustees 
of said district. In the case of the county high school the Board shall 
submit the question of an additional levy to raise said amount to the 
qualified electors residing within the county, exclusive of those resid- 
ing within any district maintaining a district high school in the 
county, who are taxpayers and whose names appear upon the last 
completed assessment roll of the county for state, county and school 
taxes, either at the regular annual elections held in said districts, or 



256 ELECTION LAWS OF MONTANA 

special elections called for that purpose by the Board of Trustees of 
said county high school. Such election shall be called by resolution 
in the same manner as provided for other school elections, and shall 
be held prior to August first; and provided, further, that the provisions 
of this act shall not prevent the voting of a special levy on a high 
school district as provided for in Chapter 130, Laws of 1949. 

(As amended by Chapter 210, Laws of 1951). 

75-3802 (1220). Notice of Election. Where the question of mak- 
ing such additional levy is so submitted, notice thereof shall be given 
by posting the same at each school house in said district, at least ten 
days before such election, or by publication thereof for a like period 
before such election in each newspaper published in said district, or 
by both such notice and publication. 

75-3803 (1221). Puprposes of Levy to Be Submitted— Use of 
Funds. In submitting such question there shall be specified the 
amount to be raised by such additional tax levy and the approxi- 
mate number of mills required to raise such amount and the purpose 
for which the same is to be expended and if authorized the money 
raised by such additional tax levy shall be used for that specified 
purpose only; provided, that if any balance remains on hand after 
the purpose for which said levy was made has been accomplished, 
said balance may, by the vote of the trustees of said district, be 
transferred to any other fund of such district. 

75-3804 (1222). Form and Marking of Ballot— Conduct of Elec- 
tion. The ballot furnished electors at said election shall have printed 
thereon the following: "Shall a levy be made in addition to the regu- 
lar ten mill levy authorized by law in such number of mills as may 
be necessary to raise the sum of (state the amount to be raised by 
additional tax levy) for the purpose of (insert the purpose for which 
the additional tax levy is made'?" 



□ 

□ 



For an additional levy to raise the sum of (state the amount to 
be raised by additional tax levy), and being approximately 
(give number) mills. 

Against an additional tax levy to raise the sum of (state amount 
to be raised by additional tax levy), and being approximately 
(give number) mills. 



The voters shall mark the ballots in the same manner as ballots 
are marked under the election laws of this State. The election shall 
be held, votes canvassed and returns made as in other school elec- 
tions. If the majority voting on the question are in favor of such ad- 
ditional levy, the Board of Trustes of said school district shall so cer- 
tify to the Board of County Commissioners of the county in which 
said school district is situated the amount authorized by such election 
to be raised by such additional levy and such Board of County 
Commissioners shall make such additional levy in such number 
of mills as will raise such amount in the same manner that the levy 
for special taxes in said district is made. 



ELECTION LAWS OF MONTANA 257 

75-3805 (1223). Challenging Voters — Oath of Elector — False 
Swearing. Any person offering to vote may be challenged by any 
elector of the district, and the judges must thereupon administer 
to the person challenged an oath or affirmation, in substance as fol- 
lows: 

"You do solemnly swear (or affirm) that you are a citizen of the 
United States; that you are twenty-one years of age; that you have 
resided in this State one year and in this school district thirty days 
next preceding this election; that you are a taxpayer on the last as- 
sessment roll from this school district; and that you have not voted 
this day. So help you God." 

Said oath shall be reduced to writing and signed by the person 
challenged and sworn to before one of the judges of election. Said 
oath or affirmation shall be returned with the ballots cast at such 
election. If the voter takes oath or affirmation, his vote must be 
received; otherwise, it will be rejected. Any person who shall swear 
falsely before any such judge of election shall be guilty of perjury, 
and shall be punished accordingly. 

School District Bonds 

75-3908 (1224.8). Petition and Election Required for Bond Issues 
for Other Purposes. School district bonds for any other purpose 
than those stated in Section 75-3906 and 75-3907, shall not be issued 
unless authorized at a duly called election at which the question of 
issuing such bonds was submitted to the electors of the school dis- 
trict; and no such election shall be called unless there has been 
presented to the Board of Trustees a petition asking that such elec- 
tion be held and such question be submitted, signed by not less than 
twenty per centum (20%) of the qualified registered electors residing 
within the school district, who are taxpayers upon property therein 
and whose names appear on the last completed assessment roll for 
State, county and school district taxes. 

75-3909 (1224.9). Form, Contents and Proof of Petition. The 

petition for the calling of an election to vote upon the question of 
issuing school district bonds shall plainly state the purpose of the 
proposed bond issue and shall estimate the amount of bonds neces- 
sary to be issued for such purpose or purposes. When the bonds 
sought to be issued are for two or more purposes, the amount to be 
issued for each single purpose shall be separately estimated in the 
petition. It may be in the form of one single petition or consist of 
more than one petition, all being identical in form and fastened 
together, after being circulated and signed, so as to form one petition 
before being delivered to the County Clerk as hereinafter provided. 
The school district clerk or any one or more qualified electors of the 
school district may circulate the petition or petitions, and the clerk 
or each elector circulating such petition shall subscribe or attach to 
each of the petitions, circulated by him, an affidavit to the effect that 
the signatures are genuine and that the signers knew the contents 
thereof at the time of signing the same. The completed petition, be- 



258 ELECTION LAWS OF MONTANA 

fore being presented to the Board of School Trustees, shall be de- 
livered to the County Clerk and Recorder of the county in which the 
school district is situated, who shall examine the same and shall 
endorse thereon or attach thereto his certificate, which certificate 
shall set forth: 

(a) The total number of persons who are registered electors and 
taxpayers upon property within the school district whose names ap- 
pear on the last completed assessment roll for State, county and 
school district taxes. 

(b) Which and how many of the persons whose names are sub- 
scribed to the petition are possessed of all of these qualifications. 

(c) Whether such qualified signers constitute more or less than 
twenty per centum (20%) of such registered electors and taxpayers 
within the district. 

The County Clerk and Recorder shall promptly deliver or trans- 
mit such petition, with his certificate endorsed thereon or attached 
thereto, to the Clerk of the Board of School Trustees of such district. 

75-3910 (1224.10). Meeting of Board of Trustees to Consider 
Petition and Calling of Election — Notice of Election — Form. Upon 
such petition being received by the clerk of the school district, a meet- 
ing of the Board of Trustees shall be called to consider the same. 
The Board of Trustees shall be the judges of the sufficiency of the 
petition and the findings of such Board shall be conclusive against 
the school district in favor of the innocent holder of bonds issued pur- 
suant to the election called and held by reason of the presentations 
of such petition. If it is found that the petition is in proper form and 
bears the requisite number of signatures, the Board shall pass and 
adopt a resolution which shall recite the essential facts in regard to 
the petition and its presentation, fix the exact amount of bonds pro- 
posed to be issued, which may be more or less than the amount esti- 
mated in the petition, determine the number of years through which 
the bonds are to be paid, fix the date of election, which shall not be 
less than twenty (20) days nor more than thirty (30) days after the 
date of the passage and adoption of such resolution, appoint three 
electors of the district who are qualified to vote at such election to act 
as judges of election, at each voting place and direct the clerk to 
give notice of such election. The notice of election shall designate 
one or. more school houses in said school district as voting plaes and 
be in substantially the following form: 

NOTICE OF SCHOOL DISTRICT BOND ELECTION 

"Notice is hereby given by the undersigned Clerk of School Dis- 
trict No of County, State of Montana, 

that pursuant to a certain resolution duly adopted at a meeting of the 

Board of Trustees of said School District held on the day 

of , A. D., 19 , an election of the registered quali- 
fied electors of School District No. of County, 

State of Montana, who are taxpayers therein and whose names ap- 



ELECTION LAWS OF MONTANA 259 

pear on the last completed assessment roll for state, county and 
school district taxes prior to the holding of such election, will be held 

on the day of A. D., 19 (at 

for the purpose of voting upon the question of whether or not the 
Board of School Trustees shall be authorized to issue and sell bonds 

of said School District in the amount of 

dollars, ($ ), bearing interest at a rate not exceeding 

six per centum (6%) per annum, payable semi-annually, for the pur- 
pose of (here state purpose) 

The bonds to be issued will be either amortization or serial bonds, 
and amortization bonds will be the first choice of the Board of Trus- 
tees. The bond to be issued, whether amortization or serial bonds, 

will be payable in installments over a period of 

(state number) years. 

The polls will be open from o'clock m. and until 

o'clock m. of the said day. 

Dated and posted this day of ( A. D., 19 



Clerk of School District No 

of County, State of Montana." 

If the bonds proposed to be issued are for more than one pur- 
pose, then each purpose shall be separately stated in the notice to- 
gether with the proposed amount of bonds therefor. 

The school district clerk shall, not less than fifteen (15) days be- 
fore the day specified for such election, post notice of such election 
in not less than three (3) public places within the district, and in in- 
corporated cities and towns at least one (1) notice must be posted at 
each voting place designated for such election. 

In school districts of the first class the Board of Trustees must 
also cause the notice to be published once a week for two (2) succes- 
sive weeks in some newspaper of general circulation in the district, 
if one be published therein, in addition to such posting. 

75-3911 (1224.11). Preparation of Ballots — Form. The school 
district clerk shall cause ballots to be prepared for all such bond 
elections, and whenever bonds for more than one purpose are to be 
voted upon at the same election, separate ballots shall be prepared 
for each purpose. All such ballots shall be substantially in the fol- 
lowing form: 

OFFICIAL BALLOT 

SCHOOL DISTRICT BOND ELECTION 

INSTRUCTIONS TO VOTERS: Make an X or similar mark in 
the vacant square before the words "BONDS — YES" if you wish to 
vote for the bond issue; if you are opposed to the bond issue make 
an X or similar mark in the square before the words "BONDS — NO." 



260 ELECTION LAWS OF MONTANA 

Shall the Board of Trustees be authorized to issue and sell bonds 

of this School District in the amount of dollars 

($ ) bearing interest at a rate not exceeding six per centum 

(6%) per annum, payable, semi-annually, during a period not exceed- 
ing years, for the purpose of (here state 

the purpose the same way as in the notice of election). 

□ BONDS— YES 

□ BONDS— NO 

75-3912 (1224.12). Who Entitled to Vote— List of Electors and 
Poll Books. In all school district bond elections hereafter held only 
qualified registered electors residing within the district who are tax- 
payers upon property therein and whose names appear upon the 
last completed assessment roll for State, county and school district 
taxes, shall have the right to vote. Upon the adoption of the resolu- 
tion calling for the election, the clerk of the school district shall notify 
the County Clerk of the date on which the election is to be held, and 
qualified persons shall be allowed to register for such election up till 
noon of the fifteenth (15th) day prior to the date thereof. At that time 
the registration books shall be closed for such election, but it shall 
not be necessary to give any notice of such closing of the registra- 
tion books. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the registered electors 
of such district who are taxpayers upon property therein and whose 
names appear on the last completed assessment roll for State, county 
and school district taxes, and who are entitled to vote at such elec- 
tion, and shall prepare poll books for such election, as provided in 
Section 23-515, and deliver the same to the school district clerk who 
shall deliver the same to the judge prior to the opening of the polls. 
In school districts of the first class it shall be the duty of the school 
district clerk to post such lists in five (5) public and conspicuous 
places within the district at least ten (10) days piror to the date of 
election. It shall not be necessary to post such lists in districts of the 
second and third class. A charge of five cents per name for the use 
and benefit of the county shall be made by the County Clerk for pre- 
paring such lists and poll books. 

75-3913 (1224.13). Conduct of Election. The bond election shall 
be conducted in the manner prescribed for the election of school trus- 
tees and returns shall be made and canvassed in a similar manner. 

75-3914 (1224.14). Percentage of Electors Required to Authorize 
Bond Issue. Whenever the question of issuing bonds for any pur- 
pose is submitted to the qualified electors of a school district at either 
a general or special school election not less than forty (40) per centum 
of the qualified electors entitled to vote on such question at such 
election must vote thereon, otherwise such question shall be deemed 
to have been rejected; provided, however, that if forty (40) per centum 
or more of such qualified electors do vote on such question at such 
election and a majority of such votes shall be cast in favor of such 



ELECTION LAWS OF MONTANA 261 

proposition, then such proposition shall be deemed to have been 
approved and adopted. 

75-3915 (1224.15). Meeting of Board of Trustees to Canvass 
Election Returns — Resolution for Bond Issue. If such election shall 
authorize the issuance of such bonds, the Board of Trustees shall 
within sixty (60) days from the date of such election pass and adopt 
a resolution providing for the issue of the bonds; provided that such 
bonds may be issued in one or more series or installments as the 
Board may in such resolution direct. This resolution shall recite the 
amount of bonds to be issued, the maximum rate of interest, the pur- 
pose of the issue, the date they shall bear, and the period of time 
through which they shall be paid, and providing the manner of 
execution of same. It shall provide for giving preference to amortiza- 
tion bonds, but shall fix the denomination of serial bonds in case it 
shall be found necessary to issue bonds in that form, and shall direct 
the clerk to give notice of the sale of the bonds. 

75-3916 (1224.16). Form of Notice of Sale of Bonds. The notice 
of sale shall state the purpose or purposes for which the bonds are 
to be issued and the amount proposed to be issued for each pur- 
pose, and shall be substantially in the following form: 

NOTICE OF SALE OF SCHOOL DISTRICT BONDS 

"Notice is hereby given by the Board of Trustees of School Dis- 
trict No of County, State of Montana, 

that the said Board of Trustees will on the day of 

19 , at the hour of o'clock m. at , 

in the said School District, sell to the highest and best bidder for 
cash, either amortization or serial bonds of the said School District 

in the total amount of dollars, ($ ), 

for the purpose of 

Amortization bonds will be the first choice and serial bonds will 
be the second choice of the said school board. 

If amortization bonds are sold and issued, the entire issue may 
be put into one single bond or divided into several bonds, as the 
said Board of Trustees may determine upon at the time of sale, both 
principal and interest to be payable in semi-annual installments 
during a period of years from the date of issue. 

If serial bonds are issued and sold they will be in the amount of 

dollars, ($ ) each, except the first 

bond which will be in the amount of dollars, 

($ ) the sum of dollars ($ ) 

of the said serial bonds will become payable on the day of_ 

, 19 , and the sum of dollars, 

($ ) will become payable on the same day each year there- 
after until all of such bonds are paid. 

The said bonds, whether amortization or serial bonds, will bear 
date of , 19 , and will bear interest at a 



262 ELECTION LAWS OF MONTANA 

rate not exceeding six per centum (6%) per annum, payable semi- 
annually, on the day of (month) 

and (month) in each year, and 

will be redeemable in full. (Here insert optional provisions, if any, 
to be recited on the bonds.) 

The said bonds will be sold for not less than their par value with 
accrued interest, and all bidders must state the lowest rate of interest 
at which they will purchase the bonds at par. The Board of Trustees 
reserves the right to reject any and all bids and to sell the said bonds 
at private sale. 

All bids other than by or on behalf of the State Board of Land 
Commissioners must be accompanied by a certified check in the sum 

of dollars, ($ ) payable to 

the order of the clerk, which will be forfeited by the successful bidder 
in the event that he shall refuse to purchase the said bonds. 

All bids should be addressed to the undersigned clerk. 

Chairman, School District No 

of County. 

Address : 

ATTEST: 

Clerk, School District No 

of County. 

Address: " 

75-3937 (1252). Signers Required on Petition for Bond Elections 
in School Districts, Cities and Towns and Counties. No election for 
the issuance of bonds of any school district, or of any town, or city, 
or county shall be called except upon presentation of a petition 
therefor to the Board of School Trustees, or to the Town or City Coun- 
cil, or to the Board of County Commissioners, as the case may be, 
signed by at least twenty per cent, of the qualified registered electors 
who are taxpayers upon property within said school district, town, 
city or county, and whose names appear on the assessment-roll for 
the year next preceding such election, praying for the calling of said 
election; provided that the Board of County Commissioners, Board 
of School Trustees, Town or City Council, as the case may be, shall 
determine as to the suffiicency of such petition, and the findings of 
such governing body shall be conclusive against the municipality 
in favor of any innocent holder of the bonds issued under and by 
virtue of authority conferred by election provided by this Act. 

75-3938 (1253). Qualification of Voters. In all elections here- 
after held for the issuance of bonds of any school district, town or 
city, only qualified registered electors who are taxpayers upon prop- 
erty therein, and whose names appear on the assessment-roll for 
the year next preceding such election, shall be entitled to vote 
thereat. 



ELECTION LAWS OF MONTANA 263 

CHAPTER 41 

HIGH SCHOOL CODE 

75-4112 (1262.12). Bond Issue — Submission to Electors of Ques- 
tion. If in any county maintaining a county high school in which no 
district high school is maintained not less than twenty per centum 
(20%) of the registered voters who on the last completed assessment 
roll of the county were assessed in their own names on real or per- 
sonal property in the county shall present to the Board of Trustees of 
the county high school a petition asking that there be submitted the 
question whether bonds of the county shall be issued for the purchase 
or erection of a high school building or buildings and /or for the re- 
pairing, remodeling, or enlarging thereof, and/or for the purchase of 
equipment thereof, and/or for the purchase, erection and/or equip- 
ment of a high school dormitory or dormitories, or gymnasium, 
and/or for the purchase of a suitable site or sites for such buildings, 
or any of them, and/or to retire or refund any outstanding bonds 
issued for any of the purposes foregoing, and if such petition shall 
specify therein the amount of the bonds to be issued, and if the Board 
of Trustees of the county high school shall upon the presentation to 
it of the said petition, approve the same, and the issuance of bonds 
of the county to the amount therein mentioned and for the purpose or 
purposes therein specified, the secretary of the said Board shall 
forthwith in the name of the Board of Trustees request the Board of 
County Commissioners of the county to submit without delay to the 
registered voters of such county the question whether bonds of the 
county shall be issued and sold to the amount and for the purpose or 
purposes in the petition set forth. 

75-4113 (1262.13). Duty of Board of County Commissioners. 

Immediately upon the receipt of any such request it shall be the duty 
of the Board of County Commissioners to submit such question to the 
registered and qualified electors of the county in the manner other- 
wise provided by law for the submission of the quesiton of the issu- 
ance of other county bonds. If a majority of the registered and quali- 
fied electors of the county, voting upon the question so submitted, 
shall approve such issue then the Board of County Commissioners 
shall forthwith issue and market the bonds authorized as in the case 
of other county bonds. 

75-4116 (1262.15). County Bond Issue for County and District 
High Schools. In any county where a county high school and also 
one or more accredited district high schools are maintained bonds 
of the county may likewise be issued in accordance with the pro- 
visions of this chapter and for any of the purposes aforesaid, the 
proceeds of such issue to be divided among the county high school 
and accredited district high school, or schools of the county. The 
question submitted to the electors of the county shall definitely state 
the amount which is to be allotted to the county high school and the 
amount which is to be apportioned to or among the accredited dis- 
trict high school, or schools; and in all such cases the amount al- 
lotted to the county high school and the amount to be apportioned 



264 ELECTION LAWS OF MONTANA 

among the accredited district high school or schools shall be com- 
puted upon the basis of the average daily attendance in the county- 
high school, and in all the accredited district high schools of the 
county during the year preceding the submission of the question of 
the bond issue. 

Abolishment of County High Schools 

75-4120 (1262.19). Authority to Abolish. Any county in which 
a county high school has been established may abolish such county 
high school and dispose of all property belonging thereto in the 
manner provided in this chapter. 

75-4121 (1262.20). Petition to Be Filed. Between the first day of 
July and the first day of September in any year in which a general 
election is held in the State of Montana twenty per centum (20%) or 
more, of the qualified electors of any county maintaining a county 
high school who are also assessed in their own names on the assess- 
ment books of the county for that year upon real or personal property 
may file their written petition with the County Clerk of the county 
praying that the county high school be abolished. 

75-4122 (1262.21). Commissioners to Submit Question. At the 

first regular monthly meeting of the Board of County Commissioners 
of the county immediately following such filing the petition shall be 
called to the attention of the Board by the County Clerk; and the 
Board shall immediately direct the submission to the registered voters 
of the county at the ensuing general election for that year of the 
question whether the county high school of the county shall be 
abolished. 

75-4123 (1262.22). Publication of Notice. The County Clerk of 
the county shall publish a notice of the filing and purpose of the said 
petition and that the question of abolishing the county high school in 
the county will be submitted at the ensuing general election, at least 
once a week for four successive weeks in some newspaper of gen- 
eral circulation published in the county, and, if there be none, in 
such newspaper as the Board of County Commissioners may desig- 
nate, the first publication of such notice to be made between Sep- 
tember 1 and September 15 of the said year. 

75-4124 (1262.23). Further Notice Required— Manner of Holding 
Election — Ballots. Further notice of the submission of the question 
shall be given, and such question shall be submitted to the registered 
voters of the county at the ensuing general election in November, 
and the votes cast thereon canvassed and returns thereof made in the 
manner provided by law for the election of county officers at that 
election, subject, however, to the following special requirements. 

The votes for or against the abolishment of the county high 
school shall be cast by ballot which shall be in substantially the fol- 
lowing form: 

□ For the abolishment of the county high school. 

□ Against the abolishment of the county high school. 



ELECTION LAWS OF MONTANA 265 

An elector may vote for abolishing the county high school by 
placing an "X" in the square immediately before the words "For the 
abolishment of the county high school"; and a ballot so marked and 
cash shall be counted in favor of abolishing the county high school. 
An elector may vote against the abolishment of the county high 
school by placing an "X" in the square immediately preceding the 
words "Against the abolishment of the county high school"; and a 
ballot so marked and cast shall be counted against abolishing the 
county high school. 

75-4125 (1262.24). Action by Board of County Commissioners 
When Election Favors Abolishing High School. If a majority of all 
the votes cast at such general election upon the question of the 
abolishment of the county high school shall be in favor of abolishing 
the same the Board of County Commissioners of the county at its 
first regular meeting in December following shall make and enter at 
large upon its minutes an abstract of the votes so cast and a resolu- 
tion that in accordance therewith on and after July 1st of the year im- 
mediately following the county high school of the county shall be, 
and is thereby abolished. 

75-4126 (1262.25). When Election Favors Retaining High School 

But if a majority of all the votes cast at such election shall be against 
the abolishment of the county high school a similar abstract of the 
votes shall in like manner be entered by the Board of County Com- 
missioners at large upon their minutes at its December meeting afore- 
said; and no further submission of the question of abolishing the 
county high school shall be had in that county for at least four years 
thereafter, provided that if an election against the abolishment of 
the county high school has been had within any county within two 
years prior to the enactment of this staute, that the question shall 
not again be re-submitted for at least four years after the date thai 
this Act becomes effective. 

75-4147 (1262.45). Junior High Schools— Authority to Establish 
in District Having No Accredited High School. The Board of Trus- 
tees of any school district where no accredited high school is already 
established and maintained may establish one or more junior high 
schools in the district at any time in accordance with the sections 
immediately following and provide therefor quarters, buildings, 
building sites, equipment and a teaching force. 

75-4148 (1262.46). Petition— Resolution of Board— Approval of 
Superintendent of Public Instruction. Whenever the Board of Trus- 
tees of any school district which has no accredited high school, al- 
ready established, shall receive a petition in writing from twenty per 
centum (20%), or more, of the registered voters of the district request- 
ing that a junior high school or junior high schools be established, or 
shall itself resolve by resolution spread upon the minutes of the 
Board that the establishment of a junior high school or junior high 
schools is in the best interests of the district, an application shall 
forthwith be made by the said Board of Trustees to the Superintendent 
of Public Instruction, setting forth therein such facts and information 



266 ELECTION LAWS OF MONTANA 

as it may require and requesting its approval of the establishment of 
the junior high school or junior high schools in question. 

75-4149 (1262.47). Submission of Question. If the establish- 
ment of a junior high school or junior high schools is approved by the 
Superintendent of Public Instruction, the Board of Trustees of the 
school district shall immediately submit to the registered voters of the 
district the question whether a junior high school, or if the establish- 
ment of more than one such junior high school be contemplated, 
whether junior high schools shall be established in such district. 

75-4150 (1262.48). Application and Submission of Question 
When Bonds Are to Be Issued. If it is necessary for the district to 
issue bonds to provide quarters, buildings, building sites, and/or 
equipment for the proposed junior high school or junior high schools 
the application for the approval of the Superintendent of Public In- 
struction, shall set forth the facts pertinent to such issue and the 
amount of bonds required for the purposes mentioned, or any of 
them. And in any such case if the establishment of the junior high 
school or junior high schools be approved by the Superintendent of 
Public Instruction the question submitted by the Board of Trustees to 
the registered voters of the district shall be whether a junior high 
school, or, if the establishment of more than one junior high school be 
contemplated, whether junior high schools shall be established in 
the district and bonds in a specified amount issued to provide 
quarters, buildings, building sites and equipment, or for any one or 
more such purposes. 

75-4151 (1262.49). Election. The qualified electors of the district 
shall be entitled to vote upon any question submitted to them in ac- 
cordance with this chqpter at an election called, noticed, held, can- 
vassed and returned in the manner provided by law for the sub- 
mission in such district of the question of a bond issue for the pur- 
pose of building, enlarging, altering or acquiring by purchase a 
school house, of furnishing and equipping the same, and of purchas- 
ing the necessary lands therefor. 

75-4152 (1262.50). Duty of Board If Establishment of Junior High 
School Be Approved. If a majority of the votes cast at any such elec- 
tion be in favor of the establishment of a junior high school or junior 
high schools the Board of Trustees of the district shall immediately es- 
tablish and open the school or schools so authorized. 

75-4153 (1262.51). Issuance of Bonds. If the issuance of bonds 
as specified in any question submitted be approved the Board of 
Trustees shall thereafter issue and market the bonds of the district 
within the limits of the amount specified in the question and in the 
same manner and pursuant to the provisions and limitations of law 
otherwise applicable in the case of the issuance of district bonds for 
the purpose of building, enlarging, repairing or acquiring by pur- 
chase a school house, in the said district, or furnishing and equipping 
the same, and of purchasing the necessary lands therefor. 



ELECTION LAWS OF MONTANA 267 

75-4201 (1262.52). Junior High Schools— How Established Where 
District High School Is Already Established. The Board of Trustees 
of any school district wherein an accredited high school is already 
established may, by resolution and in compliance with the rules and 
regulations of the Superintendent of Public Instruction reorganize the 
school system of the district to provide for a junior high school or 
junior high schools as a part of such system, without submitting the 
question to the qualified electors of the district. But nothing herein 
contained shall be construed to authorize any such Board of Trustees 
to issue bonds of the district or to incur endebtedness or to proceed 
in the establishment of a junior high school or junior high schools 
other than in accordance with its general powers elsewhere defined. 



268 ELECTION LAWS OF MONTANA 

Changing Boundaries of 

High School 

Districts 

CHAPTER 130 

LAWS OF 1949 

AN ACT TO PROVIDE FOR CHANGING BOUNDARIES OF HIGH 
SCHOOL DISTRICTS; PROVIDING FOR SELECTION OF SITES 
FOR NEW HIGH SCHOOL BUILDINGS; PROVIDING FOR ELEC- 
TIONS TO VOTE UPON SPECIAL TAX LEVIES FOR HIGH 
SCHOOL PURPOSES; PROVIDING THAT SUCH SPECIAL 
TAXES SHALL BE LEVIED UPON ALL PROPERTY WITHIN 
HIGH SCHOOL DISTRICTS; PROVIDING THAT WHEN A SPE- 
CIAL TAX FOR HIGH SCHOOL PURPOSES HAS BEEN VOTED 
IN A HIGH SCHOOL DISTRICT, NO ADDITIONAL SPECIAL 
HIGH SCHOOL TAX MAY BE SUBMITTED IN THE SAME 
YEAR TO A VOTE IN THE LOCAL SCHOOL DISTRICT WHERE- 
IN THE HIGH SCHOOL IS SITUATED; AND REPEALING ALL 
ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT. 

Be It Enacted by the Legislative Assembly of the State of Montana: 

Section 1. In any county which has been divided into high 
school building districts, at the request of any High School Board of 
Trustees, the commission, provided for in Chapter 275, laws of 1947, 
may, in accord with the procedure provided in said chapter, alter 
the boundaries of said districts or re-divide the county into a different 
number of high school districts, provided that such alteration or re- 
division may not be done within three years from the original di- 
vision or the last alteration of boundaries and last re-division. 

Section 2. Whenever, due to the condition of the high school 
building or buildings or to the location of the high school in the high 
school district, or to any other factors, it is deemed advisable by the 
Board of Trustes of any high school district to construct a new build- 
ing or buildings, the site for such new building shall be left to a vote 
of the qualified electors of the entire high school building district. 
Said election shall be held at the same time and in the same manner 
as the election to vote upon the question of issuing bonds for the 
construction of such new building. 

Section 3. Whenever the Board of Trustees of the local school 
district within which the high school is situated shall deem it neces- 
sary to raise money for high school purposes in addition to its rev- 
enues from county and state apportionments, a meeting of the Board 
of Trustees of the high school district together with the chairmen of 
the Boards of Trustees of all common school districts included within 
the high school district shall be called and held to consider the call- 
ing of an election to vote upon the question of approving a special 



ELECTION LAWS OF MONTANA 269 

levy for high school purposes. Provided that any other member 
designated by the Board of Trustees of any such common school 
district may represent such district in place of the chairman thereof. 
If a majority of the Board of Trustees of the high school district and 
the designated representatives of said common school districts at- 
tending such. If a majority of the Board of Trustees of the high 
school district attending such meeting shall determine that the pro- 
posed expenditures are necessary for the proper maintenance and 
operation of such high school, said trustees of the high school dis- 
trict shall ascertain and determine the number of mills required to be 
raised by special levy, and shall call an election for the purpose of 
submitting the question of making such additional levy to the quali- 
fied electors who are taxpayers upon property within the high school 
district, and if approved by a majority vote of all the taxpayers 
voting at such election, the result of said election shall be certified 
to the Board of County Commissioners, and the levy approved by 
such majority vote shall be made upon all property within said 
high school district. 

Section 4. Notice of such election shall be given and said elec- 
tion shall be held and conducted in all respects in the manner pro- 
vided by Sections 1220, 1221, 1222, and 1223, of the Revised Codes of 
Montana of 1935. Said election shall be conducted by judges and 
clerks of election appointed by the High School Board of Trustees 
from the residents of each respective common school district within 
the high school district, and polling places for such election shall be 
provided in each of said common school districts. 

Section 5. In the event such additional levy is approved by a 
majority vote of all of the taxpayers voting at said election, no other 
special tax for the operation and maintenance of the high school 
may in the same year be submitted to a vote of the taxpayers within 
the local school district wherein such high school is situated. 

Section 6. All Acts and parts of Acts in conflict herewith are 
hereby repealed, but this section shall not be construed to repeal 
Chapter 275, Session Laws of Montana of 1947. 

Section 7. This Act shall be in full force and effect from and 
after its passage and approval. 

Approved March 1, 1949. 



JUNIOR COLLEGES 
CHAPTER 44 



75-4401. Definition of Terms. The word "superintendent" as 
used in this Act shall mean the superintendent of a district high 
school and the word "principal" as used in this Act, means the prin- 
cipal of a county high school organized under the laws of the State 
of Montana. A "Junior college" is hereby defined to be a public 
school established as provided in this Act, in connection with ac- 



270 ELECTION LAWS OF MONTANA 

credited high schools for the purpose of providing one or more two 
year courses beyond those of the four year high school. 

75-4402. Method of Establishment. County high school Boards 
or district high school boards operating accredited schools shall have 
authority to establish and maintain in such schools in the manner 
provided in this Act, a department of junior college work, to consist 
of not more than two years work beyond the four year high school 
course. Whenever a county high school board or a district high 
school board operating an accredited high school shall receive a 
petition in writing signed by not less than twenty-five per cent of the 
registered voters of the county, in case the petition be filed with the 
county high school board, or by not less than twenty-five per cent of 
the registered voters of the school district in case such petition is 
filed with a district school board, requesting the establishment in 
such school of a department of junior college work, the board shall 
spread said petition upon its minutes. If said petition is found by the 
board to be signed by the requisite number of qualified voters, as dis- 
closed by the registration lists for the last preceding election, the 
board shall not later than its next regular meeting, communicate to 
the State Superintendent of Public Instruction the fact of the filing 
of such petition together with such pertinent facts and information as 
the board may have regarding the desirability of establishing such 
junior college department, together with the recommendations of the 
board relative to said matter. The board may also on its own 
initiative, and without the filing of any petition, adopt and spread 
upon its minutes a resolution requesting the establishment of such 
junior college and shall submit the same to the State Superintendent 
of Public Instruction for his approval. ' 

75-4403. Approval of Superintendent of Public Instruction. The 

State Superintendent of Public Instruction shall consider all such 
petitions submitted by county or district high school boards and may, 
if he deem advisable, conduct an independent investigation with a 
view to determining the desirability of granting such petition. If the 
Superintendent of Public Instruction shall approve of the granting of 
such petition, he shall notify the county or district high school boards 
of his approval of the petition. The county or district high school 
board shall thereupon submit to the registered voters of the county 
or district the question whether or not a junior college shall be es- 
tablished in their said county or district high school. 

75-4404. Election. In any election held under the terms of this 
Act, all qualified voters of the county or district shall be entitled to 
vote. All such elections shall be called, noticed, held, canvassed 
and returned in the manner provided by law for the submission in 
such county or school district of the question of a bond issue for the 
purpose of building, enlarging, altering or acquiring by purchase a 
school house and the purchase of necessary lands therefor. 

75-4405. Establishment of Junior College Upon Approval of 
Electors. If a majority of the votes cast at any election provided for 
in this Act be in favor of the establishment of a junior college, the 



ELECTION LAWS OF MONTANA 271 

county or district high school board shall proceed to establish such 
junior college in the following manner. Not later than September 
first of the first year in which such junior college is proposed to be 
established, the county or district high school board shall apply to 
the Superintendent of Public Instruction for permission to open such 
junior college, and shall accompany such application with a full 
statement of the curricula to be maintained and an application on 
behalf of the high school to be classified as a junior college. If the 
State Superintendent of Public Instruction approves the application, 
he shall so notify the State Board of Education, which shall finally 
approve or disapprove of the establishment of such proposed junior 
college, and shall promptly notify the county or district high school 
board of its action. Upon receiving the final approval of the State 
Board of Education, the county or district high school boards shall 
have authority to proceed with the establishment and operation of 
such junior college. 

CHAPTER 46 

HIGH SCHOOL DISTRICTS 

Setcion 75-4601. High School Trustees May Undertake Public 
Works Program — Petition Not Necessary 

(b) The additional members elected to the Board of Trustes of 
districts maintaining high schools, shall take office immediately 
after qualifying and shall participate on an equal basis with other 
members in all business transacted by the Board of Trustees pertain- 
ing tc the high school maintained by said districts. 

To effectuate the purpose of this Act, the Board of Trustees of 
any high school district, as herein provided for, is hereby authorized 
to undertake a program of public works in the construction, improve- 
ment or repair of buildings, furnishing and equipping the same and 
purchasing the necessary land therefor, for the use of any or all 
high schools in such high school district, and to accept funds from 
the United States, its instrumentalities or any of its agencies in aid 
of any one or more of such purposes. Such proceedings may be 
commenced by resolution upon the part of such Board of Trustees of 
such high school district of its own motion and without any petition 
beng filed therefore, such procedings may also be commenced on 
petition of thirty per cent (30%) of the qualified electors of the high 
school district. Upon presentation of this petition to the high school 
district Board of Trustees, the latter shall, within sixty (60) days take 
steps to present the matter asked for in the petition to a vote of the 
people of the high school district. 

As amended by Chapter 188, Laws of 1951. 

Section 75-4602. Commission May Divide County Into High 
School Districts. In all counties having a high school, or high 
schools, a commission consisting of the County Commisisoners and 
the County Superintendent of Schools shall at the request of any high 
school Board of Trustees in the county, divide the entire county into 



272 ELECTION LAWS OF MONTANA 

and establish one or more high school districts for the purpose of 
this Act, after hearing; provided, that each high school district so 
formed must have one or more operating, accredited high schools 
within its boundaries. That the commission shall fix the time, date 
and place, and at such time, date and place hold a public hearing 
of the requested division of the county into high school districts, at 
which hearing any interested person may appear and be heard con- 
cerning the requested division. Written notice of such hearing shall 
be mailed by the County Superintendent of Schools to the chairman 
of each and every Board of Trustees of each and every school dis- 
trict in the county, and the chairman of the Board of Trustees of the 
county high school, stating the time,' date and place of such public 
hearing, and shall be mailed not less than two (2) weeks preceding 
the date fixed for such hearing. The certificate of the County Su- 
perintendent of Schools filed with the commission reciting that said 
notices were mailed shall be conclusive. 

The boundaries established by said commission shall be sub- 
ject to the approval of the Superintendent of Public Instruction. 

If any high school district shall cease to have within its borders 
an operating, accredited high school, then it shall be the duty of the 
County Superintendent of Schools to consolidate and annex the 
common school districts comprising said high school district to one 
or more operating high school district within a period of six (6) 
months after one (1) year of being declared non-operating or non- 
accredited. 

In creating such districts the commission shall give first consider- 
ation to the factor of convenience of the patrons of the several schools. 
Common school districts may be grouped for the purpose of this Act 
and when practicable high school districts shall be made up on con- 
tiguous and adjacent common school districts but the commission 
must take into consideration the existence or non-existence of 
obstacles of travel, such as mountains and rivers and existence or 
non-existence of highways and distances to high school. No com- 
mon school districts shall be divided for the purpose of this Act but 
must be made a part of a high school district in its entirety, unless 
such division is approved and authorized by the voters of the com- 
mon school district involved, at a special election held for that pur- 
pose and such division shall be on the basis of equal area, or as near 
thereto as practicable in relation to the geographical features of 
such district, provided that the entire portion of a joint school district 
within the county shall be included within a high school district. 

(As amended by Chapter 188, Laws of 1951). 

CLERK OF SUPREME COURT 

82-501 (370). Election and Term of Office. There must be a 
clerk of the supreme court, who must be elected by the electors at 
large of the state, and hold his office for the term of six years from 
the first Monday of January next succeeding his election, except that 



ELECTION LAWS OF MONTANA 273 

the clerk first elected under the constitution holds his office only until 
the general election in the year one thousand eight hundred and 
ninety-two, and until his successor is elected and qualified. 

TAXATION 

CITIES AND TOWNS 

84-4704. Expenditures from Special Fund, When— Purpose — Ap- 
proval of Electors, When. No expenditures for any purpose what- 
ever shall be made from such special street fund until after April 1, 
1947. The city or town council or commission of any city or town 
having such fund may thereafter provide for the expenditure thereof 
for the purpose of constructing, improving, repairing and maintaining 
the public streets, avenues, alleys, and ways of the city or town; 
provided that no expenditure in excess of ten thousand dollars 
($10,000.00) for any single purpose as defined in Section 16-2009, 
shall be made from such fund without the approval of a majority of 
the electors of the city or town voting on the question of such expen- 
diture at an election to be provided by law. 

INDEBTEDNESS OF CITIES OR TOWNS— BONDS 

(Constitutional Provisions, Art. XIII, Sec. 6) 

84-4706 (5195). Cities and Towns May Raise Money by Tax- 
ation in Excess of Levy Now Permitted, How. Whenever the Council 
of any city or town shall deem it necessary to raise money by tax- 
ation, in excess of the levy now allowed by law, for any purpose for 
which said city or town is authorized to expend moneys raised by 
taxation in said city or town, it shall submit the question of such addi- 
tional levy to the legal voters of such city or town who are taxpaying 
freeholders therein, either at the regular annual election held in said 
city or town, or at a special election called for that purpose by the 
Council of such city or town; provided, however, that such additional 
levy shall not exceed five mills. 

84-4707 (5196). Notice of Election. Where the question of mak- 
ing such additional levy is so submitted, notice thereof shall be given 
by publication for at least thirty days prior to such election in every 
newspaper published in said city or town, and by posting a like 
notice for the same period of time in a public place in each ward of 
said city or town. 

84-4708 (5197). Submission of Question to State Object of Levy 
— Use of Funds — Balance. The submission of said question shall ex- 
pressly provide for what purpose such additional levy is to be made, 
and, if authorized, the money raised for such additional levy shall be 
used for that specific purpose only; provided, that if any balance re- 
main on hand after the purpose for which said levy was made has 
been accomplished, such balance may, by vote of the Council, be 
transferred to any other fund of said city or town. 

84-4709 (5198). Separate Ballots When Levy for More Than One 
Purpose — Form of Ballot and Marking — Conduct of Election. If at 



274 ELECTION LAWS OF MONTANA 

any time it is desired to submit the question of additional levies for 
more than one purpose, such proposition shall be submitted on sep- 
arate ballots, each of which ballots shall be in substantially the fol- 
lowing form: Shall the City (or Town) Council be authorized to make 
a levy of (here insert the number) mills taxes in addition to the regular 
levy now authorized by law for the purpose of (here insert the pur- 
pose for which the additional levy is to be made). 



Against additional levy. 



For additional levy. 



The voters shall mark the ballot or ballots in the same manner as 
other ballots are marked under the election laws of this State. The 
election shall be held and the votes canvassed and returned as in 
other city or town elections. If the majority voting on the question 
are in favor of such additional levy or levies, the City or Town Coun- 
cil shall so certify, and such additional levy or levies of taxes shall 
be made by the City or Town Council for that year. 

84-4710 (5199). Registration of Electors. The Council may pro- 
vide by ordinance for the registration of qualified electors who are 
tax-paying freeholders in such city or town, and no person shall be 
entitled to register or vote at such election who is not such tax-paying 
freeholder and qualified elector. 

84-4711 (5199.1). Qualifications for Voting on Creation or In- 
creasing Municipal or School Indebtedness. That from and after the 
passage and approval of this Act, only such registered electors of the 
city, town, school district, or other municipal corporation whose 
names appear upon the last preceding assessment roll shall be en- 
titled to vote upon any proposal to create or increase any indebted- 
ness of city, town, school district or other municipal corporation, re- 
quired by law to be submitted to a vote of the electors thereof. 

CHAPTER 23 

DRAINAGE DISTRICTS — COMMISSIONERS — ELECTION 

89-2301 (7282). Term of Commissioners. On the creation of a 
district the commissioners appointed by the judge or court shall hold 
office until the first Tuesday in May following their appointment, 
and until their successors are elected. When a district is in ex- 
istence on the date when this act takes effect and thereafter an order 
is made dividing such district into divisions the terms of office of 
such commissioners shall cease with the Monday immediately pre- 
ceding the first Tuesday in May next following. 

89-2302 (7283). Election of Commissioners — Terms of Office. 

The regular election of commissioners shall be held annually on the 
first Tuesday in April of each year; the term of office of commission- 
ers shall commence on the first Tuesday in May following their elec- 



ELECTION LAWS OF MONTANA 275 

tion. At the first regular election following the organization of a 
district, and in districts heretofore organized and in existence on the 
date when this Act takes effect and which, on petition, has been 
divided into divisions, as hereinbefore provided, at the first regular 
election following the date of the order making such division, there 
shall be elected three commissioners, one commissioner being elect- 
ed from each division of which he must be an actual land owner and 
resident of the county or counties; one of such commissioners, to be 
determined by lot, shall hold office until the first Tuesday in May in 
the year following his election, another of such commissioners, to be 
determined by lot, shall hold office until the first Tuesday in May 
in the second year following his election, and the third of such com- 
missioners shall hold office until the first Tuesday in May in the 
third year following his election; thereafter one commissioner shall 
be elected each year who shall hold office for a term of three years 
and until his successors is elected and qualified; provided that the 
person elected as a commissioner in each year to succeed the com- 
missioner whose term is then expiring must be elected as a commis- 
sioner from the same division as the commissioner whom he is to 
succeed. 

89-2303 (7283.1). Notice of Election. Fifteen days before any 
regular election, the secretary of the Board of Commissioners shall 
give notice by mail to all land owners within the district of the time 
and place of holding the election. Prior to the mailing of such notices 
the Board must, by resolution, designate a polling place and appoint 
three persons to act as judges and clerks of election in each pre- 
cinct. The Board shall prescribe the form and provide for the print- 
ing of the ballots for all elections. 

89-2304 (7283.2). Manner of Conducting Election. Any judge of 

election may administer any oath required to be administered dur- 
ing the progress of an election. Before the opening of the polls the 
judges of election must take and subscribe an oath to faithfully per- 
form the duties imposed upon them by law, and such oath may be 
administered by any elector. The polls shall open at 12 o'clock noon 
and be kept open until 5 o'clock P. M. when the same shall be closed. 
Such elections shall be conducted, except as herein otherwise pro- 
vided, as nearly as practicable in accordance with the provisions of 
the general election laws of the state, except that no registration shall 
be required. As soon as the polls are closed the judges shall count 
and tabulate the votes cast and make out a certificate, to be signed 
by them, showing the total number of votes cast at the election and 
the total number cast for each candidate for commissioner, and shall 
deliver such certificate, with a list of the electors voting at such elec- 
tion to the Board of Commissioners, and such board of commissioners 
shall meet on the first Monday following such election and canvass 
such returns. The Board shall declare elected the person or per- 
sons, receiving the highest number of votes. The Clerk of the Board 
of Directors shall enter the result of such canvass in the minutes of 
the Board and file with the Clerk of the District Court creating the 
district a statement showing the names of the persons elected as 



276 ELECTION LAWS OF MONTANA 

commissioners, the names of the commissioners whose term will ex- 
pire on the first Tuesday in May following, and the names of all of 
the persons who will compose the Board of Directors for the year next 
following the said first Tuesday in May. 

89-2305 (7283.3). Qualifications of Electors. At all such elec- 
tions, except as herein otherwise expressly provided, the following 
persons holding title, or evidence of title to lands within the district 
shall be entitled to vote: (1) All of the persons having the qualifica- 
tions of electors under the constitution and general laws of the state; 
(2) Guardians, administrators, executors and trustees residing in the 
state; (3) Domestic corporations by their duly authorized agents. In 
all elections each elector shall be permitted to cast one vote for 
each forty acres of land, or major fraction thereof in the district 
owned by such elector, but any elector owning twenty acres or less 
shall be entitled to one vote. 

89-2306 (7283.4). Nomination of Commissioners— Voting. Can- 
didates for the office of commissioner to be filled by election under 
the provisions of this Act, may be nominated by petition filed with 
the Secretary of the Board of Commissioners at least ten days prior 
to date of holding the election and signed by at least five electors 
of the district. If no nominations are made the electors of the district 
shall write on the ballots the name or names of the persons for whom 
they desire to vote, provided that nothing herein contained shall pre- 
vent an elector from voting for any qualified person, although the 
name does not appear on the official ballot. 

CHAPTER 3 

SUPREME COURT 

lustices of the Supreme Court. 
(Constitutional Provisions, Article VIII, Section 12.) 

93-201 (8790). Justices— Number Increased to Five — Election 
and Term of Office. On and after September 1, 1919, the Supreme 
Court shall consist of a Chief Justice and four Associate Justices, who 
shall be elected by the qualified electors of the State at large at the 
general State elections next preceding the expiration of the terms of 
office of their predecessors, respectively, and shall hold their offices 
for the term of six years from and after the first Monday of January 
next succeeding their election. 

93-202 (8791). Term of Office and Designation of First Addi- 
tional Justice. The first term of office of one of the additional Justices 
of the Supreme Court hereby provided for shall extend from the first 
day of September, 1919, to the first Monday of January, 1921; and 
John Hurley of Valley County, Montana, is hereby named as said 
Justice of the Supreme Court, and he shall hold said office for said 
term. 

93-203 (8792). Term of Office and Designation of Second Addi- 
tional Justice. The first term of office of the other said additional Jus- 



ELECTION LAWS OF MONTANA 277 

tice of the Supreme Court herby provided for shall extend from the 
first day of September, 1919 to the first Monday of January, 1923; and 
George Y. Patten of Gallatin County, Montana, is hereby named as 
said additional Justice of the Supreme Court, and he shall hold office 
for said term. 

93-208 (8797). Computation of Years of Office. The years dur- 
ing which a Justice of the Supreme Court is to hold office are to be 
computed respectively from and including the first Monday of Jan- 
uary of any one year to and excluding the first Monday of January 
of the next succeeding year. 

93-209 (8798). Vacancies. If a vacancy occur in the office of a 
Justice of the Supreme Court, the Governor must appoint an eligible 
person to hold the office until the election and qualifications of a Jus- 
tice to fill the vacancy, which election must take place at the next 
succeeding general election; and the Justice so elected holds the of- 
fice for the remainder of the unexpired term of his predecessor. 

DISTRICT COURTS 

93-301 (8812). Judicial Districts Defined. In this State there are 
seventeen Judicial Districts, distributed as follows: 

First District: Lewis and Clark and Broadwater counties. 
Second District: Silver Bow county. 
Third District: Deer Lodge, Granite, and Powell counties. 
Fourth District: Missoula, Mineral, Lake, Ravalli, and Sanders 
counties. 

Fifth District: Beaverhead, Jefferson, and Madison counties. 
Sixth District: Gallatin, Park and Sweet Grass counties. 
Seventh District: Dawson, McCone, Richland, and Wibaux 
counties. 

Eighth District: Cascade and Choteau counties. 

Ninth District: Teton, Pondera, Toole, and Glacier counties. 

Tenth District: Fergus, Judith Basin, and Petroleum counties. 

Eleventh District: Flathead and Lincoln counties. 

Twelfth District: Liberty, Hill, and Blaine counties. 

Thirteenth District: Yellowstone, Big Horn, Carbon, Stillwater, 
and Treasure counties. 

Fifteenth District: Roosevelt, Daniels, and Sheridan counties. 

Sixteenth District: Custer, Carter, Fallon, Prairie, Powder River, 
Garfield, and Rosebud counties. 

Seventeenth District: Phillips and Valley counties. 

93-301.1. Eighteenth Judicial District Created. That there is 
hereby created a new judicial district of the State of Montana, to be 
known as the Eighteenth Judicial District of the State of Montana, 
and the same shall embrace and comprise the territory within the 
county of Gallatin within the State of Montana, which after the pas- 



278 ELECTION LAWS OF MONTANA 

sage of this Act shall constitute the Eighteenth Judicial District of the 
State of Montana. 

93-301.2. Sixth Judicial District. That the Sixth Judicial District 
of the State of Montana shall hereafter embrace the territory within 
the counties of Park and Sweet Grass. 

93-302 (8813). Number of Judges. In each Judicial District 
there must be the following number of Judges of the District Court, 
who must be elected by the qualified voters of the district, and whose 
term of office must be four years, to-wit: In the First, Second, Fourth, 
Eighth, Thirteenth and Sixteenth, two judges each, in all other Dis- 
tricts one judge each. 

93-309 (8820). Vacancies. If a vacancy occur in the office of 
a District Court, the Governor must appoint an eligible person to hold 
the office until the election and qualification of a judge to fill the 
vacancy, which election must take place at the next succeeding gen- 
eral election, and the judge so elected holds office for the remainder 
of the unexpired term. 

JUSTICE AND POLICE COURTS 

(Constitutional Provisions, Article VIII, Section 20, Page 9.) 

93-401 (8833). Justice Courts and Justices. There must be at 
least two Justices' Courts in each of the organized townships of the 
State, for which two Justices of the Peace must be elected by the 
qualified electors of the township at the general State election next 
preceding the expiration of the term of office of his predecssor. 

93-405 (8837). Terms of Office. The term of office of lustices of 
Peace is two years from the first Monday in fanuary next succeeding 
their election. 

93-406 (8838). Vacancies. If a vacancy occurs in the office of a 
Justice of the Peace, the County Commissioners of the county must 
appoint an eligible person to hold the office for the remainder of the 
unexpired term. 

CHAPTER 14 

ELECTION FRAUDS AND OFFENCES 

94-1401 (10747). Violation of Election Laws by Certain Officers 
a Felony. Every person charged with the performance of any duty, 
under the provisions of any law of this State relating to elections, or 
the registration of the names of electors, or the canvassing of the 
returns of election, who wilfully neglects or refuses to perform such 
duty, or who, in his official capacity, knowingly and fraudulently acts 
in contravention or violation of any of the provisions of such laws, is, 
unless a different punishment for such acts or omissions is prescribed 
by this Code, punishable by fine not exceeding One Thousand Dol- 
lars, or by imprisonment in the State prison not exceeding five years, 
or both. 



ELECTION LAWS OF MONTANA 17$ 

94-1402 (10748). Fraudulent Registration a Felony. Every per- 
son who willfully causes, procures, or allows himself to be registered 
in the official register of any election district of any county, knowing 
himself not to be entitled to such registration, is punishable by a fine 
not exceeding One Thousand Dollars, or by imprisonment in the 
county jail or State Prison not exceeding one year, or both. In all 
cases where, on the trial of the person charged with any offense un- 
der the provisions of this section, it appears in evidence that the ac- 
cused stands registered in such register of any county, without being 
qualified for such registration, the court must order such registration 
to be cancelled. 

94-1403 (10749). Fraudulent Voting. Every person not entitled 
to vote who fraudulently votes, and every person who votes more 
than once at any one election, or changes any ballot after the same 
has been deposited in the ballot-box, or adds, or attempts to add, any 
ballot to those legally polled at any election, either by fraudulently 
introducing the same into the ballot-box before or after the ballots 
therein have been counted; or adds to, or mixes with, or attempts 
to add to or mix with, the ballots lawfully polled, other ballots, while 
the same are being counted or canvassed, or at any other time, with 
intent to change the result of such election; or carries away or de- 
stroys, or attempts to carry away or destroy, any poll-lists, check-lists 
or ballots, or ballot-box, for the purpose of breaking up or invalidating 
such election, or willfully detains, mutilates, or destroys any election 
returns, or in any manner so interferes with the officers holding such 
election or conducting such canvass, or with the voters lawfully ex- 
ercising their rights of voting at such election, as to prevent such 
election or canvass from being fairly held and lawfully conducted, is 
guilty of a felony. 

94-1404 (10750). Attempting to Vote Without Being Qualified. 

Every person not entitled to vote, who fraudulently attempts to vote 
or register, or who, being entitled to vote, attempts to vote or 
register more than once at any election, is guilty of a misdemeanor. 

94-1405 (10751). Procuring Illegal Voting. Every person who 
procures, aids, assists, counsels, or advises another to register or 
give or offer his vote at any election, knowing that the person is not 
entitled to vote or register, is guilty of a misdemeanor. 

94-1406 (10752). Changing Ballots or Altering Returns by Elec- 
tion Officers. Every officer or clerk of election who aids in chang- 
ing or destroying any poll-lists or check-list, or in placing any ballots 
in the ballot-box, or taking any therefrom, or adds, or attempts to add, 
any ballots to those legally polled at such election, either by fraudu- 
lently introducing the same into the ballot-box before or after the 
ballots therein have been counted, or adds to or mixes with, or at- 
tempts to add to or mix with, the ballots polled, any other ballots, 
while the same are being counted or canvassed, or at any other 
time, with intent to change the result of such election, or allows 
another to do so, when in his power to prevent it, or carries away or 
destroys, or knowingly allows another to carry away or destroy, any 



280 ELECTION LAWS OF MONTANA 

poll-list, check-list, ballot-box, or ballots lawfully polled, is guilty of a 
felony. 

94-1407 (10753). Judges Unfolding or Marking Ballots. Every 
judge or clerk of an election who, previous to putting the ballot of an 
elector in the ballot-box, attempts to find out any name on such bal- 
lot, or who opens or suffers the folded ballot of any elector which has 
been handed in, to be opened or examined previous to putting the 
same into the ballot-box, or who makes or places any mark or de- 
vice on any folded ballot, with the view to ascertain the name of any 
person for whom the elector has voted, is punishable by imprison- 
ment in the county jail for a period of six months, or in the State 
prison not exceeding two years, or by fine, not exceeding Five 
Hundred Dollars, or by both. 

94-1408 (10754). Forging or Altering Returns. Every person who 
forges or counterfeits returns of an election purporting to have been 
held at a precinct, town or ward where no election was in fact held, 
or wilfully substitutes forged or counterfeit returns of election in the 
place of the true returns for a precinct, town, or ward where an elec- 
tion was actually held, is punishable by imprisonment in the State 
prison for a term not less than two nor more than ten years. 

94-1409 (10755). Adding to our Substracting from Votes Given. 

Every person who wilfully adds to or substracts from the votes 
actually cast at an election, in any returns, or who alters such 
returns, is punishable by imprisonment in the State prison for not 
less than one nor more than five years. 

94-1410 (10756). Persons Aiding and Abetting. Every person 
who aids or abets in the commission of any of the offenses men- 
tioned in the four preceding sections is punishable by imprisonment 
in the county jail for a period of six months, or in the State prison not 
exceeding two years. 

94-1411 (10757). Intimidating, Corrupting, Deceiving, or De- 
frauding Electors. Every person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or indirectly, attempts 
to influence any elector in giving his vote, or to deter him from giv- 
ing the same, or attempts by any means whatever to awe, restrain, 
hinder, or disturb any elector in the free exercise of the right of suf- 
frage, or defrauds any elector at any such election, by deceiving 
and causing such elector to vote for a different person for any office 
than he intended or desired to vote for; or who, being judge or clerk 
of any election, while acting as such, induces, or attempts to induce, 
any elector, either by menaces or reward, or promise thereof, to vote 
differently from what such elector intended or desired to vote, is 
guilty of a misdemeanor, and is punishable by a fine not exceeding 
One Thousand Dollars, or imprisonment not to exceed one year, 
or both. 

94-1412 (10758). Offenses Under the Election Laws. Every per- 
son who falsely makes, or fraudulently defaces or destroys, the cer- 
tificates of nomination of candidates for office, to be filled by the 



ELECTION LAWS OF MONTANA 281 

electors at any election, or any part thereof, or files or receives for 
filing any certificate of nomination, knowing the same, or any part 
thereof, to be falsely made, or suppresses any certificate of nom- 
ination, which has been duly filed, or any part thereof, or forges or 
falsely makes the official endorsement on any ballot, is guilty of a 
felony, and upon conviction thereof is punishable by imprisonment 
in the State prison not less than one nor more than five years. 

94-1413 (10759). Officers of Election Not to Electioneer, Etc. 

Every officer or clerk of election who deposits in a ballot-box a bal- 
lot on which the official stamp, as provided by law, does not appear, 
or does any electioneering on election day, is guilty of a misde- 
meanor, and upon conviction is punishable by imprisonment not to 
exceed six months, or by a fine not less than Fifty nor more than Five 
Hundred Dollars, or both. 

94-1414 (10760). Offenses at an Election. Every person who, 
during an election, removes or destroys any of the supplies or other 
conveniences placed in the booths or compartments for the purpose 
of enabling a voter to prepare his ballot, or prior to or on the day 
of election willfully defaces or destroys any list of candidates posted 
in accordance with the provisions of law, or during an election tears 
down or defaces the cards printed for the instruction of voters, or 
does any electioneering on electon day within any polling-place or 
any building in which an election is being held, or within twenty-five 
feet thereof, or obstructs the doors or entries thereof, or removes any 
ballot from the polling-place before the closing of the polls, or shows 
his ballot to any person after it is marked so as to reveal the contents 
thereof, or solicits an elector to show his ballot after it is marked, 
or places a mark on his ballot by which it may afterward be iden- 
tified, or receives a ballot from any other person than one of the 
judges of the election having charge of the ballots, or votes or offers 
to vote any ballot except such as he has received from the judges 
of election having charge of the ballots, or does not return the ballot 
before leaving the polling-place, delivered to him by such judges, 
and which he has not voted, is guilty of a misdemeanor, and is pun- 
ishable by a fine not exceeding One Hundred Dollars. 

94-1415 (10761). Furnishing Money or Entertainment for, or Pro- 
curing Attendance of. Electors. Every person who, with the intention 
to promote the election of himself or any other person, either: 

1. Furnishes entertainments, at his expense, to any meeting of 
electors previous to or during an election; 



o 



Pays for, procures, or engages to pay for any such entertain- 



ment; 



3. Furnishes or engages to pay any money or property for the 
purpose of procuring the attendance of voters at the polls, or for the 
purpose of compensating any person for procuring the attendance of 
voters at the Polls, except for the conveyance of voters who are sick 
or infirm; 



282 ELECTION LAWS OF MONTANA 

4. Furnishes or engages to pay or deliver any money or prop- 
erty for any purpose intended to promote the election of any candi- 
date except for the expenses of holding and conducting public meet- 
ings for the discussion of public questions, and of printing and cir- 
culating ballots, hand bills, and other papers, previous to such elec- 
tion; is guilty of a misdemeanor. 

94-1416 (10762). Unlawful Offer to Appoint to Office. Every 
person who, being a candidate at any election, offers, or agrees to 
appoint or procure, the appointment of any particular person to of- 
fice, as an inducement or consideration to any person to vote for, or 
to procure or aid in procuring the election of such candidate, is guilty 
of a misdemeanor. 

94-1417 (10763). Communication of Same. Every person, not 
being a candidate, who communicates any offer, made in violation 
of the last section, to any person, with intent to induce him to vote 
for, or to procure or to aid in procuring the election of the candidate 
making the offer, is guilty of a misdemeanor. 

94-1418 (10764). Bribing Members of Legislative Caucuses, etc. 

Every person who gives or offers a bribe to any officer or member of 
any legislative caucus, political convention, or political gathering of 
any kind, held for the purpose of nominating candidates for offices 
of honor, trust, or profit, in this State, with intent to influence the per- 
son to whom such bribe is given or offered to be more favorable to 
one candidate than another, and every person, member of either of 
the bodies in this section mentioned, who receives or offers to receive 
any such bribe, is punishable by imprisonment in the State prison 
not less than one nor more than fourteen years. 

94-1419 (10765). Preventing Public Meeting of Electors. Every 
person who, by threats, intimidations, or violence, wilfully hindeis or 
prevents electors from assembling in public meeting for the consider- 
ation of public questions, is guilty of a misdemeanor. 

94-1420 (10766). Disturbances of Public Meetings of Electors. 

Every person who wilfully disturbs or breaks up any public meeting 
of electors or others, lawfully being held for the purpose of consider- 
ing public questions, or any public school or public school meeting, 
is guilty of a misdemeanor. 

94-1421 (10767). Betting on Elections. Every person who makes, 
offers, or accepts any bet or wager upon the result of any election, or 
upon the success or failure of any person or candidate, or upon the 
number of votes to be cast, either in the aggregate or for any par- 
ticular candidate, or upon the vote to be cast by any person, is guilty 
of a misdemeanor. 

94-1422 (10768). Violation of Election Laws. Every person who 
wilfully violates any of the provisions of the laws of this State relat- 
ing to elections is, unless a different punishment for such violation is 
prescribed by this Code, punishable by fine not exceeding One 
Thousand Dollars, or by imprisonment in the State prison not ex- 
ceding five years, or both 



ELECTION LAWS OF MONTANA 283 

94-1423 (10769). Bribery. The following persons shall be 
deemed guilty of bribery, and shall be punished by a fine not exceed- 
ing One Thousand Dollars, and imprisonment in the penitentiary 
not exceeding one year: 

1. Every person who, directly or indirectly, by himself or by 
any other person on his behalf, gives, lends, or agrees to give or 
lend, or offers or promises, any money or valuable consideration, or 
promises to procure, or endeavors to procure, any money or valuable 
consideration, to or for any election, or to or for any person on behalf 
of any elector, or to or for any person, in order to induce any elector 
to vote or refrain from voting, or corruptly does any such act as afore- 
said; 

2. Every person who, directly or indirectly, by himself or by 
any other person on his behalf, gives, or procures, or agrees to give 
or procure, or offers or promises, any office, place, or employment, to 
or for any elector, or to or for any other person, in order to induce such 
elector to vote or refrain from voting, or corruptly does any such act 
as aforesaid, on account of any elector having voted or refrained 
from voting at any election; 

3. Every person who, directly or indirectly, by himself or by 
any other persons on his behalf, makes any gift, loan, offer, promise, 
procurement, or agreement as aforesaid, to or for any person, in 
order to induce such person to procure or endeavor to procure the 
return of any person to serve in the Legislative Assembly, or the 
vote of any elector at any election; 

4. Every person who, upon or in consequence of any such gift, 
loan, offer, promise, procurement, or agreement, procures or prom- 
ises, or endeavors to procure, the election of any candidate to the 
Legislative Assembly, or the vote of any elector at any election; 

5. Every person who advances or pays, or causes to be paid, 
any money to, or to the use of any other person, with the intent that 
such money, or any part thereof, shall be expended in bribery, or in 
corrupt practices, at any election, or who knowingly pays, or causes 
to be paid, any money to any person in discharge or repayment of 
any money wholly or in part expended in bribery or corrupt prac- 
tices at any election; 

6. Every elector who, before or during any election, directly or 
indirectly, by himself or any other person on his behalf, receives, 
agrees, or contracts for any money, gift, loan, valuable considera- 
tion, office, place, or employment, for himself or any other person, 
for voting or agreeing to vote, or for refusing or agreeing to refrain 
from voting at any election; 

7. Every person who, after any election, directly or indirectly, 
by himself or by any other person in his behalf, receives any money, 
gift, loan, valuable consideration, office, place, or employment, for 
having voted or refrained from voting, or having induced any other 
person to vote or refrain from voting, at any election; 



284 ELECTION LAWS OF MONTANA 

8. Every person, whether an elector or otherwise, who, before 
or during any election, directly or indirectly, by himself or by any 
other person on his behalf, makes approaches to any candidate or 
agent, or any person representing or acting on behalf of any candi- 
date at such election, and asks for, or offers to agree or contract for, 
any money, gift, loan, valuable consideration, office, place, or em- 
ployment for himself or any other person, for voting or agreeing to 
vote, or for refraining or agreeing to refrain from voting at such 
election; 

9. Evey person, whether an elector or otherwise, who, after an 
election, directly or indirectly, by himself or by any other person on 
his behalf, makes approaches to any candidate, or any agent or 
person representing or acting on behalf of any candidate, and asks 
for or offers to receive any money, gift, loan, valuable consideration, 
office, place, or employment, for himself or any other person, for 
having voted or refrained from voting, or having induced any other 
person to vote or refrain from voting at such election; 

10. Every person who, in order to induce a person to allow 
himself to be nominated as a candidate, or to refrain from becoming 
a candidate, or to withdraw if he has so become, gives or lends any 
money or valuable consideration whatever, or agrees to give or 
lend, or offers or promises any such money or valuable considera- 
tion, or promises to procure or try to procure, or tries to procure, for 
such person, or for any other person, any money or valuable con- 
sideration; 

11. Evey person who, for the purpose and with the intent in the 
last preceding subsection mentioned, gives or procures any office, 
place, or employment, or agrees to give or procure, or offers or prom- 
ises, such office, place, or employment, or endeavors to procure, or 
promises to procure or to endeavor to procure, such office, place, or 
employment, to or for such person or any other person; 

12. Every person who, in consideration of any gift, loan, offer, 
promise, or agreement, as mentioned in the two last preciding sub- 
sections, allows himself to be nominated, or refuses to allow himself 
to be nominated, as a candidate at an election, or withdraws if he 
has been so nominated; 

13. Every elector, candiate for nomination, nominee, or political 
committee who shall pay, or offer to pay, the fee for any person who 
is about to, or has made his declaration of intention, or has taken 
out, or is about to take out, his final papers as a citizen of the United 
States; and every person who receives any money or other valuable 
thing to pay such fee, or permits the same to be paid for him. 

94-1424 (10770). Unlawful Acts of Employers. It shall be un- 
lawful for any employer, in paying his employees the salary or 
wages due them, to enclose their pay in "pay envelopes" upon 
which there is written or printed the name of any candidate or po- 
litical mottoes, devices, or arguments containing threats or promises, 
express or implied, calculated or intended to influence the political 



ELECTION LAWS OF MONTANA 285 

opinions or actions of such employees. Nor shall it be lawful for an 
employer, within ninety days of an election, to put up or otherwise 
exhibit in his factory, workshop, or other establishment or place 
where his workmen or employees may be working, any hand-bill 
or placard containing any threat or promise, notice, or information, 
that in case any particular ticket or political party, or organization, or 
candidate, shall be elected, work in his place or establishment will 
cease, in whole or in part, or shall be continued or increased, or his 
place or establishment be closed up, or the salaries or wages of his 
workmen or employees be reduced or increased, or other threats, or 
promises, express or implied, intended or calculated to influence the 
political opinions or actions of his workmen or employees. This sec- 
tion shall apply to corporations as well as individuals, and any per- 
son violating the provisions of this section is guilty of a misdemeanor, 
and shall be punished by a fine of not less than Twenty-five Dollars 
nor more than Five Hundred Dollars, and imprisonment not exceed- 
ing six months in the county jail, and any corporation violating this 
section shall be punished by fine not to exceed Five Thousand Dol- 
lars, or forfeit its charter, or both such fine and forfeiture. 

94-1425 (10771). Fines Paid Into School Fund. All fines im- 
posed and collected under the preceding sections shall be paid into 
the county treasury for the benefit of the common schools of the 
county in which the offense was committed. 

94-1426 (10772). Violation of Act Voids Election. If it be proved 
before any court for the trial of election contests or petitions that any 
corrupt practice has been committed, by or with the* actual knowl- 
edge and consent of any candidate at an election, if he has been 
elected, such election shall be void, and shall be so adjudged. 

CORRUPT PRACTICES ACT 

94-1427 (10773). Expenditure by or for Candidate for Office. No 

sums of money shall be paid, and no expenses authorized or in- 
curred, by or on behalf of any candidate to be paid by him, except 
such as he may pay to the State for printing, as herein provided, in 
his campaign for nomination to any public office or position in this 
State, in excess of fifteen per cent, of one year's compensation or 
salary of the office for which he is a candidate; provided, that no 
candidate shall be restricted to less than one hundred dollars in his 
campaign for such nomination. No sums of money shall be paid, 
and no expenses authorized or incurred, contrary to the provisions 
of this Act, for or on behalf of any candidate for nomination. For 
the purpose of this law, the contribution, expenditure, or liability of a 
descendant, ascendant, brother, sister, uncle, aunt, nephew, niece, 
wife, partner, employer, employee, or fellow official or fellow em- 
ployee of a corporation shall be deemed to be that of the candidate 
himself. 

94-1428 (10774). Limitation of Expenditures by Candidate — By 
Party Organization — By Relatives. No sums of money shall be paid 
and no expenses authorized or incurred by or on behalf of any can- 



286 ELECTION LAWS OF MONTANA 

didcrte who has received the nomination to any public office or posi- 
tion in this State, except such as he may contribute towards payment 
for his political party's or independent statement in the pamphlet 
herein provided for, to be paid by him in his campaign for election, in 
excess of ten per cent, of one year's salary or compensation of the 
office for which he is nominated; provided, that no candidate shall be 
restricted to less than one hundred dollars. No sum of money shall 
be paid and no expenses authorized or incurred by or on behalf of 
any political party or organization to promote the success of the 
principles or candidates of such party or organization, contrary to 
the provisions of this Act. For the purposes of this Act, the contribu- 
tion, expenditure, or liability of a decendant, ascendant, brother, sis- 
ter, uncle, aunt, nephew, niece, wife, partner, employer, employee, or 
fellow official or fellow employee of a corporation, shall be deemed 
to be that of the candidate himself. 

94-1429 (10775). Definition of Terms. Terms used in this Act 
shall be construed as follows, unless other meaning is clearly ap- 
parent from the language or context, or unless such construction is 
inconsistent with the manifest intent of the law: 

"Persons" shall apply to any individual, male or female, and, 
where consistent with collective capacity, to any committee, firm, 
partnership, club, organization, association, corporation, or other 
combination of individuals. 

"Candidate" shall apply to any person whose name is printed 
on an official ballot for public office, or whose name is expected 
to be or has been presented for public office, with his consent, for 
nomination or election. 

"Political agent" shall apply to any person who, upon request 
or under agreement, receives or disburses money in behalf of a can- 
didate. 

"Political committee" shall apply to every combination of two or 
more persons who shall aid or promote the success or defeat of a 
candidate, or a political party or principle, and the provisions of law 
relating thereto shall apply to any firm or partnership, to any corpora- 
tion, and to any club, organization, association, or other combination 
of persons, whether incorporated or not, with similar purposes, 
whether primary or incidental. 

"Public office" shall apply to any National, State, county, or city 
office to which a salary attaches and which is filled by the voters, as 
well as to the office of Presidential Elector, United States Senator, or 
presiding officer of either branch of the Legislature. 

"Give," "provide," "expend," "contribute," "receive," "ask," 
"solicit," and like terms, with their corresponding nouns, shall apply 
to money, its equivalent, or any other valuable thing; shall include 
the promise, advance deposit, borrowing, or loan thereof, and shall 
cover all or any part of a transaction, whether it be made directly or 
indirectly. 



ELECTION LAWS OF MONTANA 287 

None of the provisions of this Act shall be construed as relating 
to the rendering of services by speakers, writers, publishers, or others, 
for which no compensation is asked or given; nor to prohibit expendi- 
ture by committees of political parties or organizations for public 
speakers, music, halls, lights, literature, advertising, office rent, print- 
ing, postage, clerk hire, challengers or watchers at the polls, traveling 
expenses, telegraphing or telephoning, or making of poll-lists. 

94-1430 (10776). Statement by Candidate as to Moneys Ex- 
pended — Filing After Election — Penalty. Every candidate for nom- 
ination or election to public office, including candidates for the office 
of Senator of the United States, shall, within fifteen days after the 
election at which he was a candidate, file with the Secretary of State 
if a candidate for Senator of the United States, Representative in Con- 
gress, or for any State or district office in a district composed of one 
or more counties, or for Members of the Legislative Assembly from a 
district composed of more than one county, but with the County Clerk 
for legislative districts composed of not more than one county, and 
for county and precinct officers, and with the City Clerk, Auditor, or 
Recorder of the town or city in which he resides, if he was a can- 
didate for a town, city, or ward office, an itemized sworn statement 
setting forth in detail all the moneys contributed, expended, or prom- 
ised by him to aid and promote his nomination or election, or both, 
as the case may be, and for the election of his party candidates, and 
all existing unfulfilled promises of every character, and all liabilities 
remaining uncancelled and in force at the time such statement is 
made, whether such expenditures, promises, and liabilities were 
made or incurred before, during, or after such election. If no money 
or other valuable thing was given, paid, expended, contributed, or 
promised, and no unfulfilled liabilities were incurred by a candidate 
for public office to aid or promote his nomination or election, or the 
election of his party candidates, he shall file a statement to that ef- 
fect within fifteen days after the election at which he was a candi- 
date. Any candidate who shall fail to file such a statement shall be 
fined Twenty-five Dollars for every day on which he was in default, 
unless he shall be excused by the court. Fifteen days after any 
such election the Secretary of State, or County Clerk, City Clerk, 
Auditor, or Recorder, as the case may be, shall notify the County At- 
torney of any failure to file such a statement on the part of any can- 
didate, and within ten days thereafter such prosecuting officer shall 
proceed to prosecute said candidate for such offense. 

94-1431 (10777). Accounts of Expenditures by Political Commit- 
tees and Other Persons — Statement and Vouchers. Every political 
committee shall have a treasurer, who is a voter, and shall cause 
him to keep detailed accounts of all its receipts, payments, and 
liabilities. Similar accounts shall be kept by every person, who in 
the aggregate receives or expends money or incurs liabilities to the 
amount of more than fifty dollars for political purposes, and by 
every political agent and candidate. Such accounts shall cover all 
transactions in any way affecting or connected with the political 
canvass, campaign, nomination, or election concerned. Every per- 



288 ELECTION LAWS OF MONTANA 

son receiving or expending money or incurring liability by authority 
or in behalf of or to promote the success or defeat of such committee, 
agent, candidate, or other person or political party or organization, 
shall, on demand, and in any event within fourteen days after such 
receipt, expenditure, or incurrence of liability, give such treasurer, 
agent, candidate, or other person on whose behalf such expense or 
liability was incurred detailed account thereof, with proper vouchers. 
Every payment, except payments less in the aggregate than five 
dollars to any person, shall be vouched for by a receipted bill stating 
the particulars of expense. Every voucher, receipt, and account here- 
by required shall be a part of the accounts and files of such treas- 
urer, agent, candidate, or other person, and shall be preserved by the 
public officer with whom it shall be filed for six months after the 
election to which it refers. Any person not a candidate for any 
office or nomination who expends money or value to an amount 
greater than fifty dollars in any campaign for nomination or election, 
to aid in the election or defeat of any candidate or candidates, or 
party ticket, or measure before the people, shall, within ten days 
after the election in which said money or value was expended, file 
with the Secretary of State in the case of a measure voted upon by 
the people, or of State or district offices for districts composed of one 
or more counties, or with the County Clerk for county offices, and 
with the City Clerk, Auditor, or Recorder for municipal offices, an 
itemized statement of such receipts and expenditures and vouchers 
for every sum paid in excess of five dollars, and shall at the same 
time deliver to the candidate or treasurer of the political organization 
whose success or defeat he has sought to promote, a duplicate of 
such statement and a copy of such vouchers. The books of account 
of every treasurer of any political party, committee, or organization, 
during an election campaign, shall be open at all reasonable office 
hours to the inspection of the treasurer and chairman of any oppos- 
ing political party or organization for the same electoral district; 
and his right of inspection may be enforced by writ of mandamus 
by any court of competent jurisdiction. 

94-1432 (10778). Copies of Act to Be Furnished Certain Public 
Officers and Candidates. The Secretary of State shall, at the ex- 
pense of the State, furnish to the County Clerk, and to the City and 
Town Clerks, Auditors, and Recorders, copies of this Act as a part of 
the election laws. In the filing of a nomination petition or certificate 
of nomination, the Secretary of State, in the case of State and district 
offices for districts composed of one or more counties, and County 
Clerks for county offices, and the City and Town Clerks, Auditors, or 
Recorders for municipal offices, shall transmit to the several candi- 
dates, and to the treasurers of political committees, and to political 
agents, as far as they may be known to such officer, copies of this 
Act, and also to any other person required to file a statement such 
copies shall be furnished upon application therefor. Upon his own 
information, or at the written request of any voter, said Secretary of 
State shall transmit to any other person believed by him or averred 
to be a candidate, or who may otherwise be required to make a state- 
ment, a copy of this Act. 



ELECTION LAWS OF MONTANA 289 

94-1433 (10779). Inspection of Accounts — Complaints — State- 
ment of Receipts. The several officers with whom statements are re- 
quired to be filed shall inspect all statements of accounts and ex- 
penses relating to nominations and elections filed with them within 
ten days after the same are filed; and if, upon examination of the 
official ballot, it appears that any person has failed to file a state- 
ment as required by law, or if it appears to any such officer that the 
statement filed with him does not conform to law, or upon complaint 
in writing by a candidate or by a voter that a statement filed does 
not conform to law or to the truth, or that any person has failed to 
file a statement which he is by law required to file, said officer shall 
forthwith in writing notify the delinquent person. Every such com- 
plaint filed by a citizen or' candidate shall state in detail the grounds 
of objection, shall be sworn to by the complainant, and shall be filed 
with the officer within sixty days after the filing of the statement or 
amended statement. Upon the written request of a candidate or any 
voter, filed within sixteen days after any convention, primary, or 
nominating election, said Secretary of State, County Clerk, City or 
Town Clerk, Auditor, or Recorder, as the case may be, shall demand 
from any specified person or candidate a statement of all his re- 
ceipts, and from whom received, disbursements and liabilities in con- 
nection with or in any way relating to the nomination or election con- 
cerned, whether it is an office to which a salary or compensation is 
attached or not, and said person shall thereupon be required to file 
such statement and to comply with all the provisions relating to state- 
ments herein contained. Whoever makes a statement required by 
this Act shall make oath attached thereto that it is in all respects 
correct, complete, and true, to the best of his knowledge and belief, 
and said verification shall be in substantially the form herein pro- 
vided. 

94-1434 (10780). Prosecutions for Failure to File Statement. Upon 

the failure of any person to file a statement within ten days after re- 
ceiving notice, under the preceding section, or if any statement filed 
as above discloses any violation of any provision of this Act relating 
to corrupt practices in elections, or in any other provision of the elec- 
tion laws, the Secretary of State, the County Clerk, or the City Clerk, 
Auditor, or Recorder, as the case may be, shall forthwith notify the 
County Attorney of the county where said violation occurred, and 
shall furnish him with copies of all papers relating thereto, and said 
County Attorney shall, within sixty days thereafter, examine every 
such case, and if the evidence seems to him to be sufficient under the 
provisions of this Act, he shall, in the name of the State, forthwith in- 
stitute such civil or criminal proceedings as may be appropirate to 
the facts. 

94-1435 (10781). Jurisdiction — Court May Compel Filing of 
Statements. The District Court of the county in which any statement 
of accounts and expenses relating to nominations and elections 
should be filed, unless herein otherwise provided, shall have ex- 
clusive original jurisdiction of all violations of this Act, and may com- 
pel any person who fails to file such a statement as required by this 



290 ELECTION LAWS OF MONTANA 

Act, or who files a statement which does not conform to the pro- 
visions of this Act in respect to its truth, sufficiency in detail, or other- 
wise, to file a sufficient statement, upon the application of the Attor- 
ney-General or of the County Attorney, or the petition of a candidate 
or of any voter. Such petition shall be filed in the District Court 
within sixty days after such election if the statement was filed within 
the fifteen days required, but such a petition may be filed within 
thirty days after any payment not included in the statements so filed. 

94-1436 (10782). Record of Statements— Copies. All statements 
shall be preserved for six months after the election to which they re- 
late, and shall be public records subject to public inspection, and it 
shall be the duty of the officers having custody of the same to give 
certified copies thereof in like manner as of other public records. 

94-1437 (10783). Payments in Name of Undisclosed Principal. 

No person shall make a payment of his own money or of another 
person's money to any other person in connection with a nomination 
or election in any other name than that of the person who in truth 
supplies such money; nor shall any person knowingly receive such 
payment, or enter, or cause the same to be entered, in his accounts 
or records in another name than that of the person by whom it was 
actually furnished; provided, if the money be received from the 
treasurer of any political organization, it shall be sufficient to enter 
the same as received from said treasurer. 

94-1438 (10784). Promise to Procure Appointment or Election. 

No person shall, in order to aid or promote his nomination or election, 
directly or indirectly, himself or through any other person, promise 
to appoint another person, or promise to secure or aid in securing 
the appointment, nomination, or election of another person to any 
public or private position or employment, or to any position of honor, 
trust, or emolument, except that he may publicly announce or define 
what is his choice or purpose in relation to any election in which he 
may be called to take part, if elected, and if he is a candidate for 
nomination or election as a member of the legislative assembly, he 
may pledge himself to vote for the people's choice for United States 
Senator, or state what his action will be on such vote. 

94-1439 (10785). Public Officer or Employee Not to Contribute 
Funds. No holder of a public position or office, other than an office 
filled by the voters, shall pay or contribute to aid or promote the 
nomination or election of any other person to public office. No per- 
sons shall invite, demand, or accept payment or contribution from 
such holder of a public position or office for campaign purposes. 

94-1440 (10786). Certain Public Officers Prohibited from Acting 
as Delegates or Members of Political Committee. No holder of a pub- 
lic position, other than an office filled by the voters, shall be a dele- 
gate to a convention for the election district that elects the officer or 
board under whom he directly or indirectly holds such position, nor 
shall he be a member of a political committee for such district. 



ELECTION LAWS Of MONTANA 291 

94-1441 (10787). Transfer of Convention Credential. No person 
shall invite, offer, or effect the transfer of any convention credential 
in return for any payment of money or other valuable thing. 

94-1442 (10788). Inducing Person to Be or Not to Be Candidate. 

No person shall pay, or promise to reward another, in any manner or 
form, for the purpose of inducing him to be or refrain from or cease 
being a candidate, and no person shall solicit any payment, prom- 
ise, or reward from another for such purpose. 

94-1443 (10789). What Demands or Requests Shall Not Be Made 
of Candidates. No person shall demand, solicit, ask, or invite any 
payment or contribution for any religious, political, charitable, or 
other cause or organization supposed to be primarily or principally 
for the public good, from a person who seeks to be or has been 
nominated or elected to any office; and no such candidate or elected 
person shall make any such payment or contribution if it shall be de- 
manded or asked during the time he is a candidate for nomination or 
election to or an incumbent of any office. No payment or contribu- 
tion for any purpose shall be made a condition precedent to the put- 
ting of a name on any caucus or convention ballot or nomination 
paper or petition, or to the performance of any duty imposed by law 
on a political committee. No person shall demand, solicit, ask, or 
invite any candidate to subscribe to the support of any club or or- 
ganization, to buy tickets to any entertainment or ball, or to subscribe 
for or pay for space in any book, program, periodical, or other pub- 
lication; if any candidate shall make any such payment or contribu- 
tion with apparent hope or intent to influence the result of the elec- 
tion, he shall be guilty of a corrupt practice; but this section shall not 
apply to the soliciting of any business advertisement for insertion in 
a periodical in which such candidate was regularly advertising 
prior to his candidacy, nor to ordinary business advertising, nor to 
his regular payment to any organization, religious, charitable, or 
otherwise, of which he may have been a member, or to which he 
may have been a contribtuor, for more than six months before his 
candidacy, nor to ordinary contributions at church services. 

19-1444 (10790). Contributions from Corporations, Public Utili- 
ties, and Others. No corporation, and no person, trustee, or trustees 
owning or holding the majority of the stock of a corporation carry- 
ing on the business of a bank, savings bank, co-operative bank, 
trust, trustee, suretly, indemnity, safe deposit, insurance, railroad, 
street-railway, telegraph, telephone, gas, electric light, heat, power, 
canal, aqueduct, water, cemetery, or crematory company, or any 
company having the right to take or condemn land, or to exercise 
franchise in public ways granted by the State or by any county, city, 
or town, shall pay or contribute in order to aid, promote, or prevent 
the nomination or election of any person, or in order to aid or pro- 
mote the interests, success, or defeat of any political party or organ- 
ization. No person shall solicit or receive such payment or contribu- 
tion from such corporation or such holders of a majority of such stock. 

94-1445 (10791). Treating. Any person or candidate who shall, 
either by himself or by any other person, either before or after an 



292 ELECTION LAWS OF MONTANA 

election, or while such person or candidate is seeking a nomination 
or election, directly or indirectly, give or provide, or pay, wholly 
or in part, the expenses of giving or providing any meat or drink, 
or other entertainment or provision, clothing, liquors, cigars, or tobac- 
co, to or for any person for the purpose of or with intent or hope to in- 
fluence that person, or any other person, to give or refrain from giv- 
ing his vote at such election to or for any candidate or political party 
ticket, or measure before the people, or on account of such persons, 
or any other person, having voted or refrained from voting for any 
candidate or the candidates of any political party or organization or 
mesaure before the people, or being about to vote or refrain from 
voting at such election, shall be guilty of treating. Every elector who 
accepts or takes any such meat, drink, entertainment, provision, 
clothing, liquors, cigars, or tobacco, shall also be guilty of treating; 
and such acceptance shall be a ground of challenge to his vote and 
of rejecting his vote on a contest. 

94-1446 (10792). Challenging Voters — Procedure. Whenever 
any person's right to vote shall be challenged, and he has taken the 
oath prescribed by the statutes, and if it is at a nominating election, 
then it shall be the duty of the clerks of election to write in the poll- 
books at the end of such person's name the words "challenged and 
sworn," with the name of the challenger. Thereupon the chairman 
of the board of judges shall write upon the back of the ballot offered 
by such challenged voter the number of his ballot, in order that the 
same may be identified in any future contest of the results of the 
election, and be cast out if it shall appear to the court to have been 
for any reason wrongfully or illegally voted for any candidate or on 
any question. And such marking of the name of such challenged 
voter, nor the testimony of any judge or clerk of election in reference 
thereto, or in reference to the manner in which said challenged per- 
son voted, if said testimony shall be given in the course of any 
contest, investigation, or trial wherein the legality of the vote of such 
person is questioned for any reason, shall not be deemed a vio- 
lation of Section 94-1407. 

94-1447 (10793). Coercion or Undue Influence of Voters. Every 
person who shall, directly or indirectly, by himself or any other per- 
son in his behalf, make use of or threaten to make use of any force, 
coercion, violence, restraint, or undue influence, or inflict or threaten 
to inflict, by himself, or any other person, any temporal or spiritual 
injury, damage, harm, or loss upon or against any person in order to 
induce or compel such person to vote or refrain from voting for any 
candidate, or the ticket of any political party, or any measure be- 
fore the people, or any person who, being a minister, preacher, or 
priest, or any officer of any church, religious or other corporation or 
organization, otherwise than by public speech or print, shall urge, 
persuade, or command any voter to vote or refrain from voting for 
or against any candidate or political party ticket or measure sub- 
mitted to the people, for or on account of his religious duty, or the in- 
terest of any corporation, church, or other organization, or who shall, 
by abduction, duress, or any fraudulent contrivance, impede or pre- 



ELECTION LAWS OF MONTANA 293 

vent the free exercise of the franchise by any voter at any election, 
or shall thereby compel, induce, or prevail upon any elector to give 
or to refrain from giving his vote at any election, shall be guilty of 
undue influence, and shall be punished as for a corrupt practice. 

94-1448 (10794). Bets or Wagers on Election Results. Any can- 
didate who, before or during any election campaign, makes any bet 
or wager of anything of pecuniary value, or in any manner be- 
comes a party to any such bet or wager on the result of the election 
in his electoral district, or in any part thereof, or on any event or 
contingency relating to any pending election, or who provides 
money or other valuables to be used by any person in betting or 
wagering upon the results of any impending election, shall be guilty 
of a corrupt practice. Any person who, for the purpose of influenc- 
ing the result of any election, makes any bet or wager of anything 
of pecuinary value on the result of such election in his electoral dis- 
trict, or any part thereof, or of any pending election, or on any event 
or contingency relating thereto, shall be guilty of a corrupt practice, 
and in addition thereto any such act shall be ground of challenge 
against his right to vote. 

94-1449 (10795). Personating Another Elector — Penalty. Any 

person shall be deemed guilty of the offense of personation who, at 
any election, applies for a ballot in the name of some other person, 
whether it be that of a person living or dead, or of a fictitious per- 
son, or who, having voted once at an election, applies at the same 
election for a ballot in his own name; and on conviction thereof such 
person shall be punished by imprisonment in the penitentiary at 
hard labor for not less than one nor more than three years. 

94-1450 (10796). Corrupt Practice, What Constitutes. Any per- 
son shall be guilty of a corrupt practice, within the meaning of this 
Act, if he expends any money for election purposes contrary to the 
provisions of any statute of this State, or if he is guilty of treating, 
undue influence, personation, the giving or promising to give, or of- 
fer of any money or valuable thing to any elector, with intent to in- 
duce such elector to vote for or to refrain from voting for any can- 
didate for public office, or the ticket of any political party or organ- 
ization, or any measure submitted to the people, at any election, or 
to register or refrain from registering as a voter of any State, dis- 
trict, county, city, town, village, or school district election for public 
offices or on public measures. Such corrupt pratice shall be deemed 
to be prevalent when instances thereof occur in different election dis- 
tricts similar in character and sufficient in number to convince the 
court before which any case involving the same may be tried that 
they were general and common, or were pursuant to a general 
scheme or plan. 

94-1451 (10797). Compensating Voter for Loss of Time— Badges 
and Insignia. It shall be unlawful for any person to pay another 
for any loss or damage due to attendance at the polls, or in register- 
ing, or for the expense of transportation to or from the polls. No 
person shall pay for personal service to be performed on the day of 



294 ELECTION LAWS OF MONTANA 

a caucus, primary, convention, or any election, for any purpose con- 
nected therewith, tending in any way, directly or indirectly, to effect 
the result thereof, except for the hiring of persons whose sole duty is 
to act as challengers and watch the count of official ballots. No per- 
son shall buy, sell, give, or provide any political badge, button, or 
other insignia to be worn at or about the polls on the day of any 
election, and no such political badge, button, or other insignia shall 
be worn at or about the polls on any election day. 

94-1452 (10798). Publications in Newspapers and Periodicals. 

No publisher of a newspaper or other periodical shall insert, either 
in its advertising or reading columns, any paid matter which is de- 
signed or tends to aid, injure, or defeat any candidate or any po- 
litical party or organization, or measure before the people, unless it is 
stated therein that it is a paid advertisement, the name of the chair- 
man or secretary, or the names of the other officers of the political or 
other organization inserting the same, or the name of some voter 
who is responsible therefor, with his residence and the street number 
thereof, if any, appear in such advertisement in the nature of a sig- 
nature. No person shall pay the owner, editor, or publisher, or agent 
of any newspaper or other periodical to induce him to editorially ad- 
vocate or oppose any candidate for nomination or election, and no 
such owner, editor, publisher, or agent shall accept such payment. 
Any person who shall violate any of the provisions of this section 
shall be punished as for a corrupt practice. 

94-1453 (10799). Solicitation of Votes on Election Day. It shall 
be unlawful for any person at any place on the day of any election 
to ask, solicit, or in any manner try to induce or persuade any voter 
on such election day to vote for or refrain from voting for any candi- 
date, or the candidates or ticket of any political party or organiza- 
tion, or any measure submitted to the people, and upon conviction 
thereof he shall be punished by a fine of not less than Five Dollars 
nor more than One Hundred Dollars for the first offense, and for the 
second and each subsequent offense occuring on the same or dif- 
ferent election days, he shall be punished by a fine as aforesaid, or 
by imprisonment in the county jail for not less than five nor more 
than thirty days, or by both such fine and imprisonment. 

94-1454 (10800). Political Criminal Libel. It shall be unlawful 
to write, print, or circulate through the mails or otherwise any letter, 
circular, bill, placard, or poster relating to any election or to any can- 
didate at any election, unless the same shall bear on its face the 
name and address of the author, and of the printer and publisher 
thereof; and any person writing, printing, publishing, circulating, 
posting, or causing to be written, printed, circulated, posted, or pub- 
lished any such letter, bill, placard, circular, or poster as aforesaid, 
which fails to bear on its face the name and address of the author 
and of the printer or publisher, shall be guilty of an illegal practice, 
and shall on conviction thereof be punished by a fine of not less than 
Ten Dollars nor more than One Thousand Dollars. If any letter, cir- 
cular, poster, bill, publication, or placard shall contain any false 
statement or charges reflecting on any candidate's character, mor- 



ELECTION LAWS OF MONTANA 29S 

ality, or integrity, the author thereof, and every person printing or 
knowingly assisting in the circulation, shall be guilty of political 
criminal libel, and upon conviction thereof shall be punished by im- 
prisonment in the peniteniary for not less than one nor more than 
three years. If the person charged with such crime shall prove on 
his trial that he had reasonable ground to believe such charge was 
true, and did believe it was true, and that he was not actuated by 
malice in making such publication, it shall be a sufficient defense to 
such charge. But in that event, and as a part of such defense, the 
author and the printer or publisher or other person charged with 
such crime shall also prove that, at least fifteen days before such 
letter, circular, poster, bill, or placard containing such false statement 
or statements was printed or circulated, he or they caused to be 
served personally and in person upon the candidate to whom it re- 
lates a copy thereof in writing, and calling his attention particularly 
to the charges contained therein, and that, before printing, publish- 
ing, or circulating such charges, he received and read any denial, 
defense, or explanation, if any, made or offered to him in writing 
by the accused candidate within ten days after the service of such 
charge upon the accused person. 

94-1455 (10801). Filing of Statement of Expenses by Candidate. 

The name of a candidate chosen at a primary nominating election, 
or otherwise, shall not be printed on the official ballot for the ensuing 
election, unless there has been filed by or on behalf of said candi- 
date the statements of accounts and expenses relating to nomona- 
tions required by this Act, as well as a statement by his political 
agent and by his political committee or committees in his behalf, if 
his statement discloses the existence of such agent, committee, or 
committees. The officer or board entrusted by law with the prepara- 
tion of the official ballots for any election shall, as far as practicable, 
warn candidates of the danger of the omission of their names by 
reason of this provision, but delay in making any such statement 
beyond the time prescribed shall not preclude its acceptance or pre- 
vent the insertion of the name on the ballot, if there is reasonable 
time therefor after the receipt of such statements. Any such vacanvy 
on the ballot shall be filled by the proper committee of his political 
party in the manner authorized by law, but not by the use of the 
name of the candidate who failed to file such statements. No per- 
son shall receive a certificate of election until he shall have filed 
the statements required by this Act. 

94-1456 (10802). Inducement to Accept or Decline Nomination. 

It shall be unlawful for any person to accept, receive, or pay money 
or any valuable consideration for becoming or for refraining from be- 
coming a candidate for nomination or election, or by himself or in 
combination with any other person or persons to become a candi- 
date for the purpose of defeating the nomination or election of any 
other person, and not with a bona fide intent to obtain the office. 
Upon complaint made to any district, court, if the judge shall be con- 
vinced that any person has sought the nomination, or seeks to have 
his name presented to the voters as a candidate for nomination by 



296 ELECTION LAWS OF MONTANA 

any political party, for any mercenary or venal consideration or mo- 
tive, and that his candidacy for the nomination is not in good faith, 
the judge shall forthwith issue his writ of injunction restraining the 
officer or officers whose duty it is to prepare the official ballots for 
such nominating election from placing the name of such person 
thereon as a candidate for nomination to any office. In addition 
thereto, the court shall direct the County Attorney to institute criminal 
proceedings against such person or persons for corrupt practice, and 
upon conviction thereof he and any person or persons combining 
with him shall be punished by a fine of not more than One Thousand 
Dollars, or imprisonment in the county jail for not more than one 
year. 

94-1457 (10803). Forfeiture of Nomination or Office for Violation 
of Law, When Not Worked. Where, upon the trial of any action or 
proceeding under the provisions of this Act for the contest of the 
right of any person declared nominated or elected to any office, or to 
annual or set aside such nomination or election, or to remove a per- 
son from his office, it appears from the evidence that the offense 
complained of was not committed by the candidate, or with his 
knowledge or consent, or was committed without his sanction or con- 
nivance, and that all reasonable means for preventing the commis- 
sion of such offense at such election were taken by and on behalf of 
the candidate, or that the offense or offenses complained of were 
trivial, unimportant, and limited in character, and that in all other re- 
spects his participation in the election was free from such offenses or 
illegal acts, or that any act or omission of the candidate arose from 
inadvertence or from accidental miscalculation, or from some other 
reasonable cause of a like nature, and in any case did not arise 
from any want of good faith, and under the circumstances it seems 
to the court to be unjust that the said candidate shall forfeit his nom- 
ination or office, or be deprived of any office of which he is the in- 
cumbent, then the nomination or election of such candidate shall not 
by reason of such offense or omission complained of be void, nor 
shall the candidate be removed from or deprived of his office. 

94-1458 (10804). Punishment for Violation of Act. If. upon the 
trial of any action or proceeding under the provisions of this Act, 
for the contesting of the right of any person declared to be nom- 
inated to an office, or elected to an office, or to annul and set aside 
such election, or to remove any person from his office, it shall ap- 
pear that such person was guilty of any corrupt practice, illegal act, 
or undue influence, in or about such nomination or election, he shall 
be punished by being deprived of the nomination or office, as the 
case may be, and the vacancy therein shall be filled in the manner 
provided by law. The only exception to this judgment shall be that 
provided in the preceding section of this Act. Such judgement shall 
not prevent the candidate or officer from being proceeded against 
by indictment or criminal information for any such act or acts. 

94-1459 (10805). Time for Commencing Contest. Any action to 
contest the right of any person declared elected to an office, or to 
annul and set aside such election, or to remove from or deprive any 



ELECTION LAWS OF MONTANA 297 

person of an office of which he is the incumbent, for any offense 
mentioned in this Act, must, unless a different time be stated, be 
commenced within forty days after the return day of the election at 
which such offense was committed, unless the ground of the action 
or proceeding is for the illegal payment of money or other valuable 
thing subsequent to the filing of the statements prescribed by this Act, 
in which case the action or proceeding may be commenced within 
forty days after the discovery by the complainant of such illegal 
payment. A contest of the nomination or office of Governor or Rep- 
resentative or Senator in Congress must be commenced within 
twenty days after the declaration of the result of the election, but this 
shall not be construed to apply to any contest before the Legislative 
Assembly. 

94-1460 (10806). Court Having Jurisdiction of Proceedings. An 

application for filing a statement, payment of a claim, or correction of 
an error or false recital in a statement filed, or an action or proceed- 
ing to annul and set aside the election of any person declared 
elected to an office, or to remove or deprive any person of his office 
for an offense mentioned in this Act, or any petition to excuse any 
person or candidate in accordance with the power of the court to 
excuse as provided in Section 94-1457, must be made or filed in the 
District Court of the county in which the certificate of his nominatior 
■ as a candidate for the office to which he is declared nominated or 
elected is filed, or in which the incumbent resides. 

94-1461 (10807). Repealed by Chapter 50, Laws of 1947. 

94-1462 (10808). Duty of County Attorney on Violation of Act- 
Penalty for Neglect or Refusal to Act. If any County Attorney shall 
be notified by any officer or other person of any violation of any o: 
the provisions of this Act within his jurisdiction, it shall be his dut> 
forthwith to diligently inquire into the facts of such violation, and if 
there is reasonable ground for instituting a prosecution, it shall be 
the duty of such county Attorney to file a complaint or information 
in writing, before a court of competent jurisdiction, charging the ac- 
cused person with such offense; if any County Attorney shall fail or 
refuse to faithfully perform any duty imposed upon him by this Act. 
he shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall forfeit his office. It shall be the duty of the County 
Attorney, under penalty of forfeiture of his office, to prosecute any 
and all persons guilty of any violation of the provisions of this Act, 
the penalty of which is fine or imprisonment, or both, or removal 
from office. 

94-1463 (10809). Declaration of Result of Election After Rejec- 
tion of Illegal Votes. If, in any case of a contest on the ground oi 
illegal votes, it appears that another person than the one returned 
has the highest number of legal votes, after the illegal votes have 
been eliminated, the court must declare such person nominated or 
elected, as the case may be. 

94-1464 (10810). Grounds for Contest of Nomination or Office. 

Any elector of the State, or of any political or municipal division 



2$8 ELECTION LAWS OF MONTANA 

thereof, may contest the right of any person to any nomination or of- 
fice for which such elector has the right to vote, for any of the fol- 
lowing causes: 

1. On the ground of deliberate, serious, and material violation 
of any of the provisions of this Act, or of any other provision of the 
law relating to nominations or elections. 

2. When the person whose right was contested was not, at the 
time of the election, eligible to such office. 

3. On account of illegal votes or an erroneous or fraudulent 
count or canvass of votes. 

94-1465 (10811). Nomination or Election Not to Be Vacated, 
When. Nothing in the third ground of contest specified in the pre- 
ceding section is to be so construed as to authorize a nomination or 
election to be set aside on account of illegal votes, unless it appear, 
either that the candidate or nominee whose right is contested had 
knowledge of or connived at such illegal votes, or that the number 
of illegal votes given to the person whose right to the nomination or 
office is contested, if taken from him, would reduce the number of his 
legal votes below the number of votes given to some other person 
for the same nomination or office, after deducting therefrom the il- 
legal votes which may be shown to have been given to such other 
person. 

94-1466 (10812). Reception of Illegal Votes, Allegations and 
Evidence. When the reception of illegal votes is alleged as a cause 
of contest, it shall be sufficient to state generally that in one or more 
specified voting precincts illegal votes were given to the person 
whose nomination or election is contested, which, if taken from him, 
will reduce the number of his legal votes below the number of legal 
votes given to some other person for the same office; but no testi- 
mony shall be received of any illegal votes, unless the party contest- 
ing such elecion deliver to the opposite party, at least three days be- 
fore such trial, a written list of the number of illegal votes, and by 
whom given, which he intends to prove on such trial. This provision 
shall not prevent the contestant from offering evidence of illegal votes 
not included in such statement, if he did not know and by reasonable 
diligence was unable to learn of such additional illegal votes, and by 
whom they were given, before delivering such written list. 

94-1467 (10813). Contents of Contest Petition — Amendment — 
Bond — Costs — Citation — Precedence. Any petition contesting the 
right of any person to a nomination or election shall set forth the 
name of every person whose election is contested, and the grounds 
of the contest, and shall not thereafter be amended, except by leave 
of the court. Before any proceeding thereon the petitioners shall give 
bond to the State in such sum as the court may order, not exceeding 
Two Thousand Dollars, with not less than two sureties, who shall 
justify in the manner required of sureties on bail-bonds, conditioned 
to pay all costs, disbursements, and attorney's fees that may be 
awarded against him if he shall not prevail. If the petitioner pre- 



ELECTION LAWS OF MONTANA 299 

vails, he may recover his costs, disbursements, and reasonable at- 
torney's fees against the contestee. But costs, disbursements, and 
attorney's fees, in all such cases, shall be in the discretion of the 
court, and in case judgment is rendered against the petitioner, it shall 
also be rendered against the sureties on the bond. On the filing of 
any such petition, the clerk shall immediately notify the judge of the 
court, and issue a citation to the person whose nomination or office 
is contested, citing them to appear and answer, not less than three 
nor more than seven days after the date of filing the petition, and the 
court shall hear said cause, and every such contest shall take pre- 
cedence over all other business on the court docket, and shall be 
tried and disposed of with all convenient despatch. The court shall 
always be deemed in session for the trial of such cases. 

94-1468 (10814). Hearing of Contest. The petitioner (contestant) 
and the contestee may appear and produce evidence at the hearing, 
but no person, other than the petitioner and contestee, shall be made 
a party to the proceedings on such petition; and no person other 
than said parties and their attorneys, shall be heard thereon, except 
by order of the court. If more than one petition is pending, or the 
election of more than one person is contested, the court may, in its 
discretion, order the cases to be heard together, and may apportion 
the costs, disbursements, and attorney's fees between them, and 
shall finally determine all questions of law and fact, save only that 
the judge may, in his discretion, impanel a jury to decide on ques- 
tions of fact. In the case of other nominations or elections, the court 
shall forthwith certify its decision to the board or official issuing cer- 
tificates of nomination or election, which board or official shall there- 
upon issue certificates of nomination or election to the person or per- 
sons entitled thereto by such decision. If judgment of ouster against 
a defendant shall be rendered, said judgment shall award the nom- 
ination or office to the person receiving next the highest number of 
votes, unless it shall be further determined in the action, upon appro- 
priate pleading and proof by the defendant, that some act has been 
done or committed which would have been ground in a similar action 
against such person, had he received the highest number of votes 
for such nomination or office, for a judgment of ouster against him; 
and if it shall be so determined at the trial, the nomination or office 
shall be by the judgment declared vacant, and shall thereupon be 
filled by a new election, or by appointment, as may be provided by 
law regarding vacancies in such nomination or office. 

94-1469 (10815). Corporations— Proceedings Against, for Vio- 
lation of Act. In like manner as prescribed for the contesting of an 
election, any corporation organized under the laws of or doing busi- 
ness in the State of Montana may be brought into court on the ground 
of deliberate, serious, and material violation of the provisions of this 
Act. The petition shall be filed in the district court in the county 
where said corporation has its principal office, or where the violation 
of law is averred to have been committed. The court, upon convic- 
tion of such corporation, may impose a fine of not more than Ten 
Thousand Dollars, or may declare a forfeiture of the charter and 



300 ELECTION LAWS OF MONTANA 

franchises of the corporation, if organized under the laws of this 
State, or if it be a foreign corporation, may enjoin said corporation 
from further transacting business in this State, or by both such fine 
and forfeiture, or by both such fine and injunction. 

94-1470 (10816). Penalty for Violations Not Otherwise Provided 
for. Whoever violates any provision of this Act, the punishment for 
which is not specially provided by law, shall on conviction thereof 
be punished by imprisonment in the county jail for not more than one 
year, or by a fine of not more than Five Thousand Dollars, or by both 
such fine and imprisonment. 

94-1471 (10817). Advancement of Cases — Dismissal, When — 
Privileges of Witnesses. Proceedings under this Act shall be ad- 
vanced on the docket upon request of either party for speedy trial, 
but the court may postpone or continue such trial if the ends of jus- 
tice may be thereby more effectually secured, and in case of such 
continuance or postponement, the court may impose costs in its dis- 
cretion as a condition thereof. No petition shall be dismissed with- 
out the consent of the County Attorney, unless the same shall be dis- 
missed by the court. No person shall be excused from testifying or 
producing papers or documents on the ground that his testimony 
or the production of papers or documents will tend to criminate him; 
but no admission, evidence, or paper made or advanced or pro- 
duced by such person shall be offered or used against him in any 
civil or criminal prosecution, or any evidence that is the direct re- 
sult of such evidence or information that he may have so given, ex- 
cept in a prosecution for perjury committed in such testimony. 

94-1472 (10818). Form of Complaint. A petition or complaint 
filed under the provisions of this Act shall be sufficient if it is substan- 
tially in the following form: 

In the District Court of the Judicial District, 

for the County of , State of Montana. 

A. B. (or A. B. and C. D.), Contestants, vs. E. F. Contestee. 

The petition of contestant (or contestants) above named alleges: 

That an election was held (in the State, District, County, or City 
of ), on the day of 

, A. D. 19 , for the (nomination of a candi- 
date for) (or election of a) (state the office). 

That and were 

candidates at said election, and the Board of Canvassers has re- 
turned the said as being duly nominated 

(or elected) at said election. 

That Contestant A. B. voted (or had a right to vote, as the case 
may be) at said election (or claims to have had a right to be returned 
as the nominee or officer elected or nominated at said election, or 
was a candidate at said election, as the case may be), and said con- 
testant C. D. (here state in like manner the right of each contestant). 



ELECTION LAWS OF MONTANA 301 

And said constestant (or contestants) further allege (here state 
the facts and grounds on which the contestants rely). 

Wherefore, your contestants pray that it may be determined by 

the court that said was not duly 

nominated (or elected), and that said election was void (or that the 
said A B or C D, as the case may be) was duly nominated (or elected), 
and for such other and further relief as to the court may sem just 
and legal in the premises. 

Said complaint shall be verified by the affidavit of one of the 
petitioners in the manner required by law for the verification of com- 
plaints in civil cases. 

94-1473 (10819). Form of Statement of Expenses. The statement 
of expenses required from candidates and others by this Act shall 
be in substantially the following form: 
State of Montana, County of , ss. 

I, , having been a candidate (or 

expended money) at the election for the (State) (District) (County) 
(City) of , on the day of ___, 

A. D. 19 ( being first duly sworn, on oath do say: That I have 

carefully examined and read the return of my election expenses and 
receipts hereto attached, and to the best of my knowledge and belief 
that return is full, correct, and true. 

And I further state an oath that, except as apears from this re 
turn. I have not, and to the best of my knowledge and belief, no per- 
son, nor any club, society, or association has on my behalf, whether 
authorized by me or not, made any payment, or given, promised, or 
offered any reward, office, employment or position, public or private 
or valuable consideration, or incurred any liability on account of or 
in respect of the conduct or management of the said nomination or 
election. 

And I further state on oath that, except as specified in this re- 
turn, I have not paid any money, security, or equivalent for money, 
nor has any money or equivalent for money, to my knowledge or 
belief, been paid, advanced, given, or deposited by any one to or in 
the hands of myself or any other person for my nomination or elec- 
tion, or for the purpose of paying any expenses incurred on my be- 
half on account or in respect of the conduct or management of the 
said election. 

And I further state on oath that I will not, except so far as I 
may be permitted by law, at any future time make or be a party to 
the making or giving of any payment, reward, office, position, or em- 
ployment, or valuable consideration, for the purpose of defraying 
any such expenses or obligations as herein mentioned for or on ac- 
count of my nomination or election, or provide or be a party to the 
providing of any money, security, or equivalent for money for the 
purpose of defraying any such expense. 

(Signature of Affiant) 



302 ELECTION LAWS OF MONTANA 

Subscribed and sworn to before me by the above-named, 
on the day of , A. D. 19 



Attached to said affidavit shall be a full and complete account 
of the receipts, contributions, and expenses of said affiant, and of 
his supporters of which he has knowledge, with numbered vouchers 
for all sums and payments for which vouchers are required as to all 
money expended by affiant. The affidavit and account of the treas- 
urer of any committee or any political party or organization shall be, 
as nearly as may be, in the same form, and so also shall be the 
affidavit of any person who has received or expended money in ex- 
cess of the sum of Fifty Dollars to aid in securing the nomination or 
election or defeat of any candidate, or of any political party or or- 
ganization, or of any measure before the people. 

94-1474 (10820). False Oaths or Affidavits— Perjury. Any per- 
son who shall knowingly make any false oath or affidavit where an 
oath or affidavit is required by this law shall be deemed guilty of 
perjury and punished accordingly. 



303 

INDEX 

AERONAUTICS: 

Municipal Airports: Tax Levy for establishing and operation of 1-804 

APPORTIONMENT: 

For members of Congress - —.Art. VI. 1, page 8 

Legislature, how, VI, 2, 6; 43-103 to 43-106 

State Representatives; ratio defined, when Art. VI, Sec. 2 District to be 
designated. Art VI, 6 

May be altered. Art. VI, 3 
State Senator, one for each county. Art. V, 4 
District numbered. Art. VI, 5 
One for each new county, Art. VI, 4 

ABSENT OR INCAPACITATED VOTERS: 

Act applicable to, 23-1301; 23-1302 

Application for ballot: 

ballot to be delivered upon receipt and approval of, 23-1304 

delivery to elector by County Clerk, exception, when, 23-1305 

delivery to elector by County Clerk, on request, 23-1305 

form for prescribed, 23-1303 

made to whom, 23-1302 

mailing ballot to elector, form of return and affidavit, 23-1306 

oath to be administered upon, 23-1303 

time for making 

before ballots are delivered to judges, 23-1305 

prior to election day, 23-1305 

within thirty days of election, 23-1302 
transmission to county clerk, 23-1304 
who may make, 23-1302 

Ballots: 

application, form, 23-1303; 23-1304 
casting of ballot 

by judges, 23-1313 

elector may cast, if present in precinct, 23-1315 

procedure when elector is present after marking absent ballot, 23-1316 

unused ballot envelope not to be opened, 23-1317 

delivery to election judges 

certificates of clerk to accompany, contents of, 23-1310 
manner of, 23-1309 

special delivery mail to be used, when, 23-1314 
delivery to elector 

county clerk to examine application before, 23-1304 
time for, 23-1306 
irregularities resulting in rejection of ballot, 23-1313 
judges, duties concerning, and instructions for handling, 23-1311 
keeping and disposition of upon receipt by clerk, 23-1308 
kinds, elector entitled to one of each, 23-1306 
marking and swearing to 

officers authorized to administer oath, 23- i 307 
presence of officer required during, 23-1 307 
oath, who may administer, 23-1307 
record to be kept of, 23-1310 
rejected ballots 

affidavit, insufficiency of, 23-1313 

court order required for opening envelope of rejected ballots, 23-1311 

elector not qualified, 23-1313 

envelopes, special to be provided for, use of, 23-1311; 23-1313 

judges instructions for marking and placing in box, 23-1311; 23-1313 

numbers thereon not corresponding with clerk's certificate, 23-1313 

preservation of, 23-1313 

rejection of ballot not to prevent voting in person by 

ballot or machine, 23-1316 
signatures not corresponding, 23-1313 
statement of rejection to be signed by majority of judges, 

date of, 23-1313 
stub found detached, 23-1313 
return of, to county clerk 

affidavit to accompany, 23-1 306 
disposition of marked ballots, 23-1308 
formalities of sealing envelope for, 23-1307 
form of affidavit, 23-1306 
postage to be prepaid, 23-1307 

unopened ballot of one voting in person not to be opened 
after deposit except by court order, 23-1317 
Voting 

absent or incapacitated voters, method of, 23-1307; 23-1312 
before clerk or other authorized officers, 23-1307; 23-1312 
personally, on election day, permitted, if other not 

deposited in box, 23-1315; 23-1320 
procedure when elector is present after marking ballot, 23-1316 



304 INDEX 

ABSENT OR INCAPACITATED VOTERS (Continued) 

Ballots (continued) 

Voting (continued) 

prospective absence, or incapacitated person, 23-1307; 23-1312 
stub, to be left attached, 23-1313 
false swearing constitutes perjury, 23-1318 
incapacitated elector defined, 23-1302 
machines, procedure in case of use of 

ballots for absent and incapacitated voters to be prepared, 23-1319 
canvass of votes, to be added to machine total, 23-1319 
official misconduct constitutes misdemeanor, 23-1318 
penalties 

allowing presence of anyone other than voter and officer 

misdemeanor, 23-1318 
failure to appear at polls if in precinct on election day, 

misdemeanor, 23-1320 
false swearing, perjury, 23-1318 
information as to marks on ballot, obtaining or allowing, 

misdemeanor, 23-1318 
official refusal or neglect to perform duties, misdemeanor, 23-1318 
violation outside state 

change of venue allowed, 23-1321 
constitutes crime against state, 23-1321 
prosecution in any county of state, 23-1321 
punished as if committed in state, 23-1321 
removal of case to county in which ballot cast, 23-1321 
presence of elector in precinct on election day 
appearance at polls required 

fact of, to be noted on poll books, 23-1320 
failure to appear constitutes misdemeanor, 23-1 320 
may vote personally, if other not deposited in box, 23-1315; 23-1320 
procedure when elector desires to vote in person, 23-1316 
prospective absentee or incapacitated person may 
vote, 23-1301; 23-1302; 23-1312 
Action to compel registration, 23-525 
Airports, bonds for, 1-804 

Applications and supplies for holding to be furnished by County Commissioners, 16-1156 
Arrest 

elector, when privileged from, 23-308 

obstruction of passage ways to polls, duty of election and peace officers, 23-1 207 
Ballots — See also Primary nominating election, ballots, below 
blank space and margin left upon, 23-1113 
bonds and levies, separate ballot in case of, 23-1105; 37-107 
boxes for 

exhibited before using, 23-708 
how made, 23-706 
opened only when, 23-708 
opening in 

only one permitted, 23-7066 
size of, prescribed, 23-707 
pouch of canvass or box may be used, 23-706 
prepared at county expense, 23-706 
putting ballot or anything else into, by anyone but judge at election, 

misdemeanor, 23-1214 
specifications for, 23-706 
voted ballot to be placed in, 23-1216 
clerk to deliver to judges, 23-705 
color and size, 23-1 1 05 
columns, material to appear in, 23-1109 
constitutional amendments how marked, 23-1210 
cost 

city charge, when, 23-1101; 23-1117 
county charge, when, 23-1101; 23-1117 
county clerk 

duty to provide, when, 23-1102 

preparation of ballots for questions certified by secretary 

of state to, 23-1 1 16 
provisions to be made for, by, 23-1102 
delivery to elector, procedure, 23-1209 

delivery to judges, provisions concerning, 23-705; 23-1210 
delivery to person by anyone other than judge, prohibited, 23-1207 
destroyed after nominating election, when and how, 23-914 
disposal of, after counting, 23-1709 
disposal of, by judge, 23-1210 
elections to be by, IX, 1; 23-301 
elector to cast without interference, 23-1207 
exhibiting voted ballot forbidden, 23-1207 
folding of, upon voting, 23-1210 
form prescribed, 23-1105 to 23-1112 

frauds and offenses concerning — See election frauds and offenses, ballots, below 
identifying marks forbidden, 23-1207 

indebtedness or liability of state, separate in case of, 23-1105; 37-107 
initiative and referendum special column, 23-1109; 37-107 
margins upon, provided for, 23-1113 



INDEX 305 



Ballots (continued) 



marking for identification prohibited, 23-1207 

marking of, 23-1210 

material, how printed and arranged, 23-1109 

memorandum to assist in marking, may be taken to polling place by 
elector, 23-1 102 

municipal clerk 

performs duties of county clerk, when, 23-1103 
prepares ballots, when, 23-1116 
provides ballots, when, 23-1117 

names 

arrangement of, 23-1107 

judicial candidates, 23-1106 

legislative officers, placement of, 23-1108 

nominated by two parties 

candidate to elect or none designated, 23-1106 
party nominating first, designated, when, 23-1106 

once to appear, 23-1106 

political designation to appear after, 23-1 1 06 

rotation into sets, manner of, 23-1107 

to appear on, restrictions, 23-1105 
none received after closing polls, 23-1205 
none removed before closing polls, 23-1207 
numbering of, 23-1114 

number of ballots provided each precinct, 23-117 
number of officers to be elected, designation of, 23-1 1 1 2 
office names, in bold face capitals, 23-1112 
offices, order of placement, 23-1 1 1 1 
official ballot, only, to be cast, 23-1102; 23-1207 
order of placement of names upon, 23-1107 
party designation, how shown, 23-1107 
pasters to be provided in case of vacancies, 23-1104 
pasting in names, allowed, marking of required, 23-1102; 23-1210 
penalties — See Election frauds and offenses, ballots, below 
preparation and form, 23-1105; to 23-1115 

president of United States, name of, to appear on ballot, 23-1105 
primary, how long preserved, 23-914 
printing and distribution 

cities and towns to pay for when, 23-1101 

clerk to provide for all elections, 23-1102 

counties to pay for when,23-1101 

paid for, how, 23-1 101 
proclamation closing polls, required, 23-1204; 23-1205 
proclamation opening polls, required, 23-1 204 
putting in box, 23-1216 

qualified elector, entitled to receive, 23-1209 
receipt of by elector from judges only, 23-1207 
receipt of from elector by judge, 23-1210 
record of number of ballots delivered to judges of each precinct 

to be kept, 23-1 117 
removal of, from polls before closing time, prohibited, 23-1207 
required for all elections, IX, 1; 23-301 
return unvoted, 23-1207 

revealing contents or marking of, forbidden, 23-1207 
rotation of names thereon, 23-1 1 07 

sample or unofficial ballots not to be used or brought into polling place, 23-1210 
secret marking of, 23-1207 

separate for constitutional amendment prohibited, 37-105 
showing to others after marking, prohibited, 23-1 207 
solicitation to see contents of, forbidden, 23-1207 
specifications of, 23-1105; 23-1106 
spoiled ballot, procedure, 23-1212 
squares, at left of names, 23-1112 
stamp for official ballot, 23-705 
stub of ballot 

detaching and deposit of, 23-1210 

directions to be printed upon, 23-1114 

specifications of, 23-1114 

top, to appear at, 23-1109 
terms, long to precede short, 23-1 1 1 2 
uniformity required, 23-1105; 23-1115 
unofficial sample at polling place prohibited, 23-1210 
unvoted ballot to be returned to judges, 23-1207 
vice president of United States, name to appear on, 23-1105 
voter may take memo into booth, 23-1102 
voter may write or paste name on, 23-1102 
voting, method of — See Voting, below, 23-1210; 23-1214 
voting other than official ballot prohibited, 23-1 207 
words to appear at bottom of columns, 23-1 1 1 1 
writing in names 



306 INDEX 

Ballots (continued) 

writing in names (continued) 

allowed, 23-1102; 23-1210 
blanks to be left for, 23-1113 
marking of, required, 23-1102; 23-1210 

Beer, local option election on sale of, 4-350 to 4-356 

Betting on elections, unlawful, 94-1421 

Bonds and levies: See Cities and Towns, School districts 

Bribery 

Nominating petition signers of, 23-933 

Provisions concerning electors and elections, 94-1423 

Candidates 

Campaign expenses, statement of, to be filed by, 94-1430 
corrupt practice by, constitutes void election, 94-1426 

fees for filing — See Primary nominating elections, candidates, below, 23-910 
illegal acts by and concerning — See Election frauds and offenses, below, 94-1415 
offenses, 94-1427 to 94-1474 

petition for nomination — See Primary nominating election, candidates, below, 23-910 
register of candidates, 23-913; 23-914 
Canvass of votes 

adjournment not to be had until completion of, 23-1701 
ballots 

counting of, 23-1705 

disposal of, after counting, 23-1706 

exceeding number on poll list, procedure in case of 23-1703 

folded together, disposition of, 23-1702 

not counted, when, 23-1 704 

part to be counted if intelligible, 23-1704 

rejection of, endorsement of judges upon, 23-1 707 

sealing of, in envelopes, 23-1 706 

stringing of, by judge, 23-1706 

unintelligible, not to be counted, 23-1 704 

unstamped, not to be counted, 23-1704 

count of ballots, 23-1702 

determination of, 23-1705 

disposal of ballots after counting, 23-1706 

procedure for, 23-1705 

what ballots to be included in, 23-1704 

county canvassers 

absence, who acts in case of, 23-1802 

clerk of board, county clerk to be, 23-1802 

contents of record of results, 23-1 805 

county commissioners are, ex officio, 23-1801 

declare person having highest number of votes elected, 23-1 807 

defect in form of returns to be disregarded, when, 23-1817 

missing returns 

compensation of messenger, 23-1803 
messenger to be sent for, when, 23-1 803 

postponement of action 

failure to receive returns causes, 23-1 803 
seven days limit of, 23-1803 

public canvass to be made, 23-1 804 

rejection of returns, cause for, 23-1804 

representatives, joint members of house, returns how made, 23-1809 to 23-1811 

representative, state, tie vote, fact to be certified to governor, 23-1807 

results to be entered of record, 23-1805 

senator, state, tie vote, fact to be certified to governor, 23-1807 

tie vote for state senator or representative, fact certified to governor, 23-1807 

time for meeting, 23-1801 
county commissioners' power concerning, 16-1003 
method prescribed, 23-1702 

penalties — See Election frauds and offenses below 
plurality to elect, 23-1806 

poll books to be signed and certified after counting of votes, 23-1708 
public, to be, 23-1701 

rejection of ballots, endorsement of judges upon, 23-1707 
returns — See Returns, below 
returns by judges 

ballots and stubs 

county clerk to retain for year, 23-1712 
opened only upon order of court, 23-1713 

contest, keeping of, pending, 23-1713 

county clerk to keep unopened until county commissioner's 
canvass, 23-1714 

custody given to one of judges, 23-1710 

delivery or mailing to county clerk, 23-1711 

destruction of, by clerk, after twelve months, 23-1712 

filing in county clerk's office after canvass, 23-1715 

how made, 23-1709 
returns for state officers 

how made, 23-1812 



INDEX 307 

Canvass of votes (continued) 

returns ior state officers (continued 

messenger may be sent for delayed returns, duty of, and 

compensation, 23-1815 
transmission of, to secretary of state, 23-1813 

state canvassers 

board to consist of whom, 23-1814 
commissions 

defect in form of returns not to affect issuance of, 23-1817 
governor to issue, when, 23-1816 

secretary of state to issue governor's commission, when, 23-1816 
composition of board of state, 23-1814 
determination of vote, transmission to governor, 23-1814 
meeting, when held, 23-1814 
missing returns 

compensation of messenger, how paid, 23-1815 
messenger to be sent for, when, 23-1815 
secretary of state is secretary of board, 23-1814 
statement of computation of votes, secretary of state to 

transmit to governor, 23-1814 
tie vote, proceedings on 

county commissioners, district judge to appoint, 23-1902 

county or township officers, commissioners to appoint, 23-1 902 

judicial officers, governor to appoint, 23-1904 

representative in congress, special election to be called, 23-1901 

representative, state, 23-1807 

senator, state, 23-1807 

state officers 

legislature to select one of tied parties, 23-1902 
secretary of state to transmit certificate to legislature, 23-1903 
tie votes, procedure in case of, 23-1807; 23-1901 to 23-1904; 23-2010 
Cemetery District Act, public cemeteries, 9-201; 9-215 

Census, state( legislature to provide for Art VI. 2, page 8 

Certificate of election 

county clerk to issue, 16-1157; 23-1808 
governor to issue, when, 23-1816 

recount, effect on. See Recount of votes, below, 23-2306 
Challenges 

acceptance of treat from candidate as grounds for, 94-1445 

action to be taken on, 23-521 

affidavit to support challenge, 23-521 

betting on results of elections, as grounds for, 94-1448 

conviction of felony 

determined in favor of challenged person on taking oath, when, 23-1224 

makes person subject to challenge, 23-1220 

oath to be taken by challenged party, form of, 23-1223 ' 

determination of, 23-1224 

disposal of a ballot after, 23-1227 
judges have power of, when, 23-1225 
time for, 23-1225 

effect of, 94-1446 

grounds for, enumerated, 23-1220 

how determined, 23-1224 

identity, want of 

determined in favor of challenged person on taking oath, 23-1224 

makes person subject to, 23-1220 

oath to be taken by challenged party, form of, 23-1221 

idiot or insane person subject to, 23-1220 

judges of election, duty thereon, 23-521 

duty to test qualifications, 23-521 
list of, keeping by judges required, 23-1228 
oath on challenge for want of identity, 23-1221 

on challenge for voting before, 23-1222 

on ground conviction of crime, 23-1224 
primary election 

by judge or any qualified elector, provisions concerning, 23-532 

general laws applicable, 23-936 
prior voting 

determined in favor of challenged person on taking oath, 23-1224 

makes person subject to challenge, 23-1220 

oath to be taken by challenged party, form of, 23-1222 
procedure on, 94-1446 
record to be kept concerning, 23-1228 
refusal to take oath dissallows vote, 23-1226 
registration of electors, on, 23-521 
right of elector to vote, 23-521 
trial of, at time of challenge, 23-1225 



308 INDEX 

CITIES AND TOWNS: 

Aldermen: 

Election and term of, 11-711 
Qualification of, 11-714 

Alteration of boundaries by inclusion of territory 

Act applicable to what cities, 11-510 
Annexation question, how submitted, 1 1 -507 

lands used for mining and industrial purposes not to be annexed, 1 1 -509 

notice of proposition to be submitted, 1 1 -506 

petition for change in boundaries, 1 1 -506 

resolutions, contents, 1 1 -507 

submission of question at next city election, 1 1 -506 
at special election, 1 1 -507 

territory in incorporated cities not to be annexed, 1 1 -508 

Annexation of contiguous city or town, procedure, 1 1 -405 
Baths, public, authority of cities to establish, election 11-1008 

Bond elections: signers required 75-3937 

voter qualifications, 75-3938 

ballots, form of, conduct of, 1 1 -2309 

calling of election, duty of council, 1 1 -2307 

canvass of returns, 11-2312 

duty of city and county clerk in calling, 11-2310 

hours of officers, of notice of, 1 1 -2308 

lists of qualified electors and poll books, 1 1-2310 

percentage of voters required to authorize issuance of, 11-2311 

publication of notice of close of registration for, 1 1 -23 1 

registration of electors, who entitled to vote, 1 1 -23 1 

petition for election: 

certificate of circular, 1 1 -2306 
consideration of by council, 1 1 -2307 
duty of city or town clerk, 1 1 -2306 
filed where, 1 1 -2306 

form, contents, percentage of signers required, 1 1 -2306 
qualification of circulators of, 1 1 -2306 
publication of notice of close of registration for 11-2310 
registration of electors, who entitled to vote, 1 1 -23 1 
signers required in, 75-3937 
voter qualifications, 75-3938 
Bonds: Board discretion to issue in installments of series, 11-2312 
Refunding: No election necessary, when, 11-2301 
procedure for issue of, 11-2301 

resolution for issue of, when issued, contents of, 11-2312 
submission to taxpayers before issuance of, 11-2301 
Classification and organization of 11-203; 11-206; 11-209 
Commission form of government 

abandonment, procedure for, 11-3135 
adoption of plan 

election concerning 

ballots to be used at, form of, 1 1-3104 

canvass of votes, manner of, 11-3107 

certificate of result transmitted to secretary of state, 11-3105 

conduct of election and canvass of votes, 11-3104; 11-3107 

date of, to be set by council, 11-3102 

failure to approve plan at, election within two years of, 

denied, 11-3105 
proclamation to be made by mayor, how, 11-3103 
petition for, contents and signatures required in, 11-3102 
any city may reorganize under, 11-3101 
ballots on election, form of, 11-3104 
beginning term of office, 11-3110 
bribery of electors, penalty for, 11-3116 
calling of election to elect city officers, 11-3106 

manner of conducting, 11-3107 
certificate of election result, 11-3105 

no resubmission for two years, 11-3105 
councilmen 

bond, amount and conditions of, 11-3112 
number of, according to class of city, 11-3109 
oath of office to be filed by, 11-3112 
term of office, 11-3109 
tie vote, 11-3109 
vacancies, how filled, 11-3109 
effect of act on existing laws, 11-3137 
election held on submission of questions, 11-3102 

proclamation of, 1 1 -3 1 03 
elective officers to file statement of campaign expenditures, 11-3128 

penalty for violation, 11-3128 
existing laws and ordinances applicable to, 11-3108 

effect of provisions of act on, 11-3137 
fake answers as to voting qualifications, penalty for, 11-3116 
filing fees for mayor and councilmen, 11-3115 



INDEX 309 

CITIES AND TOWNS: 

Commission form of Government (continued) 

franchises, how granted, 11-3126 

approved by majority electors when, 11-3126 
general election when dispensed with, 11-3113 
illegal voting, penalty for, 11-3116 

initiative measures, how proposed and considered, 11-3133 
majority vote dispenses with general election, when, 11-3113 
mayor 

fee for filing for office, 11-3115 
term of office, 11-3111 
vacancy, how filled, 11-3109 
nomination of candidates, 11-3112 
officers 

consolidation authorized, 11-3121 
free transportation forbidden, 1 1-3127 
ordinances 

how adopted, 1 1-3126 
how submitted, 11-3133 
submission of proposed repeal, 11-3133 
submission to electors, 11-3133 
suspension by protest, 11-3134 

submission to electors, 11-3134 
take effect when, 11-3134 
penalty for working for candidate, 11-3114 
petition, requirements of, 11-31 36 

signatures, contents of, 11-3136 
primary election 

ballot, form of, 11-3112 
no party designation permitted, 11-3112 
oath and bond of nominees, 11-3112 
qualification of voters, 11-3112 

challengers, 11-3112 
returns, canvass of, 11-3112 
statement of candidacy, 11-3112 

petition accompanying, 11-3112 
property rights not affected by organization under, 11-3108 
recall of elective officers, procedure, 11-3132 
election on, 1 1-3132 
petition for recall, 11-3132 
successor, term of, 11-3132 
reorganization under, authorized, 11-3101 
submission of question to electors, 11-3102 
special election ordered, 11-3102 
time for holding, 1 1 -3 1 02 
terms of office of mayor and councilmen, 11-3111 

councilmen decide by lot, 11-3111 
territorial limits not affected, 11-3108 
Commission-manager plan of government 

abandonment of plan, proceedings for, 1 1 -3330 
adoption of plan 

election concerning 

ballots to be used at, form of, 1 1 -3204 

certificate of result transmitted to secretary of state, 11-3205 

conduct of election and canvass of votes, 1 1 -3204 

date of, to be set by council, 1 1 -3202 

failure to approve plan at, election within two years of. 

denied, 11-3205 
proclamation to be made by mayor, how, 1 1 -3203 
petition for, contents and signatures required in, 1 1 -3202 
authorization for reorganization under, 11-3201 
commissioners 

absences create vacancies, when, 1 1 -3249 

ayes and nays to be counted and recorded, 1 1 -3247 

bond 

amount and conditions of, 1 1 -3244 
filing, time and place of, 1 1 -3244 
premium to be paid by municipality, 1 1 -3244 
compensation, 1 1 -3248 
contracts, interest in, forbidden, 11-3214 
election expenses, filing statement of, required, 11-3219 
election of 

general election, conduct of, 11-3216 
primary election 
ballots 

form and contents of, specified, 11-3216 
names to appear on, to be published, 11-3216 
number to be distributed to polling places, 11-3216 
printing and authentication of, 11-3215 
canvass and return of votes, 11-3216 
conduct of election, 11-3216 



310 INDEX 

CITIES AND TOWNS: 

Commission-manager plan of government (continued) 
commissioners (continued) 
election of (continued) 

primary election (continued) 

electors, qualifications of, 11-3216 

statement of candidacy, requirements of, 11-3215 

special election of first commissioners 

conduct of election and canvassing votes, 11-3207 
proclamation of mayor, how published, 1 1 -3206 
time for holding, 1 1 -3206 
working for candidate for consideration, penalty for, 1 1 -3228 
electors, qualifications of, 11-3216 
forfeiture of office on disqualification, 11-3214 
governing body of municipality, 11-3211 
gratuities not to be accepted by, 11-3214 
journal of proceedings to be kept by, 1 1 -3249 
manager to be appointed by, 11-3211 
meetings 

public may attend, 1 1 -3249 
special meetings, how called, 1 1 -3249 
time for holding, 1 1 -3249 
number of, according to population of municipality, 11-3211 
oath of office, when to be filed, 1 1 -3244 
public office not to be held by, 11-3214 
qualifications of, 11-3214 
quorum, designation of, 1 1 -3247 
recall of 

election concerning 

ballots, form and manner of voting, 11-3225 
candidates to fill vacancy, nomination of, 1 1 -3225 
defects in petition not to affect result of, 1 1 -3226 
majority vote, effect of, 1 1 -3226 
time for calling of, 11-3224 
notification of officer sought to be removed 

duty of clerk of commission concerning, 1 1 -3224 
resignation or recall election to follow, 1 1 -3224 
petition for 

affidavit of circulator required, contents of, 1 1 -3222 
blank forms for, to be issued by clerk of commission, 11-3221 
defects in, not to affect result of election, 1 1 -3226 
filing with clerk of commission 
requirement of, 1 1 -3220 
time for specified, 1 1 -3223 
signatures required on 

manner of attaching, 11-3222 
number, specified, 1 1 -3220 
time for filing, limitation on, 11-3227 
term of office 

commencement of, time of, 11-3212 
duration of, specified, 11-3212 

vacancies created by authorized absences, when, 1 1 -3249 
vacancies in office of, how filled, 11-3213 
communities and groups of communities 
organization under plan 

authorization for, 1 1 -3209 
contracts 

interest of commissioners in, forbidden, 11-3214 
elections 

ballots, rotation of names on, 11-3217 
commissioners — See commissioners, above 
regular election, when held, 11-3218 
special elections, what constitutes, 11-3218 
electors 

bribery of, penalty for, 1 1 -3229 

false answers concerning qualifications of, penalty for, 1 1 -3229 
voting by persons not qualified, penalty for, 1 1 -3229 
fees and moneys collected by officers to be deposited with treasurer, 1 1 -3323 
initiative measures — See ordinances and other measures, below 
laws governing municipalities organized under, 1 1 -3208 
mayor 

commissioner receiving greatest vote to be, 1 1 -3245 
compensation, 1 1 -3248 
powers and duties, 1 1 -3245 
presiding officer of commission, 1 1 -3245 

recall of all commissioners, designation of successor in case of, 1 1 -3246 
recall of, selection of successor in case of, 1 1 -3246 
tie vote, designation of mayor in case of, 1 1-3245 
vacancy in office of, how filled, 1 1 -3245 
veto power not given to, 1 1 -3245 
name of plan designated, 11-3211 
officers 



INDEX 31 1 

CITIES AND TOWNS: 

Commission-manager plan of government (continued) 
officers (continued) 

contracts, interest in, forbidden, 11-3214 
forfeiture of office on disqualification, 11-3214 
gratuities not to be accepted by, 11-3214 
public office not to be held by, 11-3214 
qualifications of, 11-3214 

ordinances and other measures 

authentication by presiding officer and clerk required, 1 1 -3234 
ayes and nays to be counted and recorded on voting on, 1 1 -3247 
conflicting referendum ordinances, one having highest vote to 
prevail, 11-3241 

effective date of, 1 1 -3237 
emergency measures 

effective date of, 1 1 -3237 
reference to voteis authorized, 11-3242 
initiation by electors 

election concerning 

ballots, form and voting of, 11-3235 

certification to clerk of submission and ordinances, 1 1 -3233 

majority favoring measure, result of, 1 1 -3235 

time for holding, 1 1 -3234 

passage of measure by council, when, 1 1 -3232 
petition for 

affidavit of circulator to be attached to, 1 1 -323 1 
contents and requirements of, 1 1 -3230 
filing with clerk of commission required, 1 1 -3232 
hearings concerning, to be provided for, 1 1 -3232 
signatures, manner of attaching, 11-3231 
reduction to writing required before voting on, 1 1 -3247 
reference to voters 

authorization for requiring, 1 1 -3237 
bond issue, measures providing for, 11-3243 
conflicting ordinances, one having highest vote to 
prevail, 11-3241 
election concerning 

ballots, provisions concerning, 1 1 -3239 
commission to call, when, 11-3238 

failure of majority to approve at, results in repeal, 1 1 -3238 
emergency measures subject to, 1 1 -3242 
expenditures, measures providing for, 1 1 -3243 
improvement, measures providing for, 1 1 -3243 
initiative petition, ordinances submitted by, subject to 

referendum, 1 1 -3240 
petiton for 

contents and requirements of, 1 1 -3239 
reconsideration of ordinance by commission on 

presentation of, 11-3238 
signatures required on, 1 1 -3237 
public utility extension subject to, 1 1 -33 1 6 
repealing of, may be submitted as in case of initiating 
measures, 1 1-3236 
ordinances, by-laws and resolutions to remain in force, 1 1 -3208 
property rights not affected by organization under, 1 1 -3208 
reorganization under, authorized, 11-3201 
territorial limits to remain same under, 1 1 -3208 

CITY AND COUNTY CONSOLIDATION 
Appointees 

petitions for nomination circulated by 
penalty for, 11-3551 
prohibition against, 1 1 -3550 
political participation by 
penalizing for failure 

penalty for, 11-3551 
prohibition against, 1 1 -3550 
penalty for, 11-3551 
prohibition against, 1 1 -3549 
Authority for legislation concerning, XVI, 7 
Authorization for, 11-3401 
Commissioners 
election of 
ballots 

blank spaces to be provided on, 11-3537 

names to appear on at municipal election, how determined, 11-3539 
form of, 11-3535 

names placed on, when acceptance of nomination filed, 11-3534 
order of names on, 1 1 -3536 
party designation forbidden on, 1 1 -3535 
duty of commissioners and clerk in, 11-3530 
first election 



312 INDEX 

CITY AND COUNTY CONSOLIDATION (continued) 

Commissioners (continued) 
election of (continued) 

first election (continued) 

conduct of election, 1 1 -3405 
nomination of candidates, 1 1 -3405 
proclamation and publication, 1 1 -3405 
time for holding, 1 1 -3405 
nomination petitions 

appointees circulating 
penalty for, 11-3551 
prohibition against, 11-3550 
filing of, time for, 1 1 -3534 
form of, 1 1-3533 

requirements and contents of, 1 1 -3532 
sufficiency of, candidates to be notified of, 1 1 -3534 
notices of election 

municipal election, in case of, 11-3538 
primary election, in case of, 1 1 -3538 
primary election 

conduct of, 11-3531 

nominees elected to office by receiving majority vote, 11-3531 
notice of, how published, 1 1 -3538 
polls open, when, 1 1-3531 
time for holding, 1 1 -353 1 
Constitutional authorization for, XVI, 7 
Creation of municipality 
effect of, 11-3559 
election 

ballots, form and contents of, 1 1 -3404 
duty of county clerk and commissioners in, 11-3530 
order of county commissioners for, 1 1 -3403 
proclamation and publication, 1 1 -3403 
time for holding, 1 1 -3403 
legal status of municipality, 1 1 -3559 
petition for election 

certificate of county clerk, 1 1 -3403 
form and contents of, 1 1 -3403 
signatures required, 11-3402 
resolution declaring, making and recording of, 1 1 -3559 
Election . . . 

creation of municipality, on — See creation of municipality, above 
Elections 

officers to conduct, designation of, 1 I -3530 

recall of commissioners, on — See recall of commissioners, below 
Employees — See appointees, above 
Legal status of municipalities, 1 1 -3559 
Ordinances and resolutions 
effective date of 

emergency provisions, 11-3417 
generally, 11-3417 
franchises or special privileges, concerning, to be submitted 

to electors, 1 1-3417 
initiative and referendum 
ballots 

requirements of, 1 1 -3427 

several measures may be included on, 1 1 -3427 
voting, manner of, 1 1 -3427 
initiative measures 

adopted on favorable vote of electors, 1 1 -3422 
amending of, by commission, authorized, 1 1 -3424 
effective date of, 1 1 -3423 
election concerning 

favorable vote at, results in adopting measure, 1 1 -3422 
required when, 11-3421 
time for holding, 1 1 -3422 
petition for 

commissioners' action upon, 1 1 -3420 
contents and requirements of, 11-3419 
signatures required, 11-3419 
publication of, required, i 1 -3424 
repealing of, by commission, authorized, 1 1 -3424 
repeals may be effected by, 1 1 -3424 
petitions for --„- 

affidavit of circulator to accompany, form of, 1 1 -3429 
amendments to, allowed, 11-3431 
certificate of clerk as to sufficiency, 1 1 -3430 
filing of assembled petition papers, 1 1 -3430 
new petition may be filed on insufficiency found, 11-3431 
notice of defects in, to be given petitioners, 11-3430; 11-3431 
signatures, how affixed, 1 1 -3429 
referred measures 

election concerning 

required, when, 1 1 -3426 

result of failure of electors to approve ordinance, 1 1 -3426 



INDEX 313 

CITIES AND TOWNS (Continued) 

City and County Consolidation (continued) 

Ordinances and resolutions (continued) 
Referred measures (continued 

expenditures, concerning, preliminary steps may be taken 

before submission, 11-3428 
petition for 

contents and requirements of, 11-3425 
reconsideration by commissioners on filing of, 11-3426 
signatures required on, 11-3425 
suspension of ordinance until action on, 11-3425 
time for filing, 1 1 -3425 
publication of, required, 11-3418 
recordation of, required, 11-3418 
revision and codification of, 11-3415 

Recall of commissioners 
election 

ballots 

form of, 11-3544 

separately required for separate removals, 1 1 -3543 
duty of commissioners and clerk in, 1 1 -3530 

resignation of commissioner during pendency of, result of, 11,3546 
time for holding, 1 1 -3542 

voting machines not to be used at, 1 1 -3544 
petition for 

affidavit demanding, how made, 1 1 -3540 

affidavit of circulator to accompany, form of, 11-3429 

amendment of, authorized, 11-3431 

certificate of clerk as to sufficiency, 1 1 -3430 

clerk to issue papers for, when, 11-3540 

filing of assembled petition papers, 1 1 -3430 

limitations on filing of, 11-3547 

new petition may be filed on insufficiency found, 11-3431 

notice of defects in, to be given petitioners, 11-3430; 11-3431 

notice of filing to be given officer whose removal sought, 1 1 -3542 

separately required for separate removals, 1 1 -3543 

signatures 

manner of affixing, 1 1 -3429 
number of, required, 11-3541 
successor to be nominated in, 1 1 -3543 
successor 

election of, 1 1 -3545 
nomination of, 1 1 -3543 

selection of on resignation of commissioner pending election, 1 I -3546 
Elections 

canvass of, 11-718 

judges and clerks, appointment of, 11-717 

names to be submitted for choice, 11-717 
qualification of electors, 11-716 
registration of electors, 11-715 
tie vote, how decided, 11-718 
votes, how and when canvassed, 1 1-718 
voting places, 11-717 
number of, 11-717 
consolidation of polling places in small municipalities, 11-717 
not regulated by special law, V, 26 
qualifications to vote at, IX, 2 
Elections (annual) in cities and towns, 1 1 -709 
terms of office to which elected, 1 1 -709 
what officers elected, 1 1 -709 
when held, 1 1-709 
Electors: qualifications of, 11-716 
Fire department: 

bonds, issuance or support of, in unincorporated towns and villages, 11-2010 
ballots, 11-2011 

closing of registration, 1 1 -20 1 1 
election, how conducted, 11-2011 

qualification, how conducted, 11-2011 
affidavit as to residence, 11-2011 
Fire disticts in unincorporated towns 

bond issue for equipment, water system, etc., 11-2010 
election, how conducted, 11-2011 
terms of bonds, 11-2010 
contract with city or town for fire protection, 11-2010 
county commissioners directors of, 11-2010 
Franchises or special privilege, when forbidden, 11-1206 
submission to taxpaying freeholders, 11-1207 
effect of approval of voters, 11-1209 
notice of election, 11-1208 
Franchises 

application, submission to taxpayers, 11-1207 
how granted, 11-1206 to 11-1209 



314 INDEX 

CITIES AND TOWNS (Continued) 

Franchises (continued) 

ordinance, 11-1209 

Indebtedness 

additional for water supply or sewer system, 1 1 -966 

creation of; submission to electors, 11-2301 

limitation on, 11-966 

limit upon; extension of, when Art XIII, 6, page 15 

power of city and council to contract for erection of public 
buildings, etc., 1 1 -966 

Mayor: qualifications and residence requirements, 11-710 

Municipal courts: 

Judges, election of and term of office, 1 1 -1 703 

New municipal corporations: 

new officers — election, 1 1 -303 

old officers remain until when, 1 1 -303 

Office: becomes vacant when, 11-719 

vacancies in, how filled, 11-721 
Officers: annual election of, 11-709 
Cities of first class 
appointive 

Assessor, 11-701 
attorney, 11-701 
Chief of police, 11-701 
clerk, 11-701 

engineer and assistants, 11-701 
jailer, 11-701 

other officers when needed, 1 1 -70 1 
street commissioner, 11-701 
surveyor, 1 1-701 
elective 

aldermen, 11-701 
city treasurer, 11-701 
mayor, 1 1-701 
police judge, 11-701 
enumerated, 1 1 -701 

Cities of second and third classes 
appointive 

attorney, 1 1 -702 

chief of police, 1 1 -702 

clerk, 11-702 

ex-officio assessor, 1 1 -702 

other officers, when necessary, 1 1 -702 
elective 

aldermen, 1 1 -702 

mayor, 1 1 -702 

police judge, 1 1 -702 

treasurer, 1 1 -702 

Officers 

council fixes duties, 11-701 

how and by whom removed from office, 11-721 
must take oath and give bond, XIX, 1; 11-719 
Old officers: continue in office until when, 11-209 

duties, liabilities of sureties on official bonds, remain same, 11-209 

powers and duties not fixed by special law, V, 26 

Town — appointive officers 
clerk, 11-703 

ex-officio assessor, 1 1 -703 
marshal, 1 1 -703 

ex-officio street commissioner, 1 1 -703 
other officers when necessary, 1 1 -703 
treasurer and ex-officio tax collector, 1 1 -703 

Towns — elective officers 
aldermen, 1 1 -703 
mayor, 1 1 -703 
vacancy 

how caused, 11-719 

how filled, 11-721 

term begins, when, 11-712; 11-709 

when duties begin, 1 1 -720 

who eligible to hold, 11-713 
Ordinances 

initiative proposal of, 11-1104 

actions to test regularity of petition, 11-1104 

actions to test validity of change in, 11-1104 

court costs not allowed, 11-1104 

decision of district court, effect of, 11-1104 

prohibiting re-enactment, when repealed by initiative, 11-1104 

submission of question at general election, 11-1105 

special election, when, 11-1105 



INDEX 315 

CITIES AND TOWNS (Continued) 

Ordinances (continued) 

initiative proposal of (continued) 

submission to council, 1 1-1 104 

summons, how directed and published, 11-1104 
referendum 

ballots and voting, 11-1111 

conduct of proceedings, 11-1113 

petition for, 1 1-1 107 

proclamation of election, 11-1110 

special election, when ordered, 11-1109 

submitted to electors, when, 11-1108 

to what ordinances applicable, 11-1114 

voters' qualifications, 11-1112 
Organization of, 11,203 

census to be taken, 1 1 -203 

election, how conducted, 1 1 -204; 1 1 -209 

first election for officers, 1 1 -205 

map to accompany petition, 1 1 -203 

minimum population requirements, 1 1 -203 

officers to be elected, 1 1 -206 

petition for, where filed, 1 1 -203 

> 

parking commission, pages 97-98 

parking meters, pages 96-97 

property; disposal or least of; election when required, 1 1 -964 

public works, jurisdiction over, 1 1 -966 

registration of electors, council to provide for 11-715 

revenue bond act of 1939; authorization of undertaking — form 

and contents of bonds, 1 1 -2404 
revenue bonds, refunding, may be issued without election, 1 1 -2404 
Parking Commission, Chapter 223, laws of 1951, page 97 
Sanitary districts 
creation 

election ordered, when, 1 1 -3603 
election provisions, 11-3604 
hearing on petition, 11-3603 
notice of hearing, 11-3602 
petition for, requirements of, 11-3601 
Sewage treatment and disposal plants, 11-2217 
bonds for construction, 11-2218 
interest rates, 1 1-2218 

revenue, issue without an election, 11-2218 
election on establishment, 11-2217 
income and revenue, how used, 11-2218 
notice and conduct of election, 11-2218 
ordinance, authority sale bonds, 11-2218 

sinking fund, 1 1-2218 
rates, how fixed, 11-2217 

surcharge, when, 11-2217 
revolving fund, supplemental 

bonds, electors may authorize, 1 1 -2276 
creation and maintenance, 1 1 -2275 
revolving fund, transfers to 

loans from, to pay warrants, 11-2271 

election on, 1 1-2271 
tax levy for, 1 1 -227 1 
Smoke nuisance: abatement of; 
bonds: to abate: 
election 

calling, expense of, 1 1 -2504 

notice, contents and publication, 1 1 -2506 
procedure where tie vote, 1 1 -2505 
question, how submitted, 1 1 -2505 
registration not required, 11-2511 
Special improvement districts: 

Revolving fund, supplemental 

bonds, electors may authorize, 1 1 -2276 
creation and maintenance, 1 1 -2275 
revolving fund, transfers to 

loans from, to pay warrants, 11-2271 

election for, 1 1-2271 
tax levy for, 11-2271 
Taxation: See Taxation — Cities and towns, 1015-1016 

Expenditures from special fund, when, purpose, approval of electors, 84-4704 
Wards: 

City to be divided into, 1 1 -707 
changes of only by ordinance, 1 1 -708 
duty of council, 1 1 -707 
election precincts conform to, 11-717 
new wards, when created, 1 1 -708 
number of, in cities of different classes, 1 1 -708 
in towns, 1 1-708 



316 INDEX 

CITIES AND TOWNS (Continued) 

Water supply: 

Authority to protect streams and lines against polution, 1 1 -966 
Election, where necessary, 1 1 -966 

Power to contract indebtedness for, Art XIII, 6, 1 1 -966 
Citizenship: Required for election or appointment to office, Art. IX, 7, page 12 
City, Free Public Libraries, 44-301 to 44-303 
Clerk of the Supreme Court: term, elected how, duties, compensation 

prescribed by law and rules of court. Art. VIII, Sec. 9, page 10, 82-501 

Clerk and Recorder 

applicants who will qualify before election, registration of, 23-508 

bonds and levies, state, duties concerning, 23-303 to 23-305 

cancellation of registration, grounds and manner of, 23-518 

cards, registration, to be classified according to precincts, 23-507 

challenges, duty to mark card and file papers, 23-521 

closed period, registration during, for another election, permitted, 23-516 

close registration, time for, publication of, 23-5 1 3 

custodian of registration books and papers, 23-501 

deputy registrars 

appointment, by commissioners, 23-505 

duties, 23-505 

fees collectible, 23-505 

justices of the peace are, 23-505 

notaries public are, 23-505 

who are, commissioners to appoint, 23-505 
deputy's authority, 23-528 

disabled and infirm voters, registry of, 23-504 
duties concerning registration, 23-507 
help, additional, duty of commissioners to supply to properly 

perform duties, 23-534 
initiative and referendum 

abstract on votes, return to secretary of state, procedure, 37-108 

certification of signatures, form and procedure, 37-103 

mailing pamphlets of proposals to voters; compensation, 37-107 

printing titles and numbers on official ballot, duty, 37-107 
judges, notice of appointment, mailing, 23-606 
lists of electors, printing and posting of, time for, and 

furnishing copies of, 23-514 „«=,, o-icn 

military service, and auxiliary forces, rights of persons in, 23-511; 23-512 
naturalization, certificate required of registrant, when, questions asked, 23-523 
notice of election, mailed to judges twenty days preceding, form of, 23-608 
notices of primary election, form of, printing and mailing, 23-903 
omitted names, certificate to vote, remedy for, 23-527 
poll books 

cities and schools, preparation and charges for, 23-519 

preparation and charges for, 23-515 

separate for taxpayers, no longer required, 23-304 
polls, time for opening and closing — See polls, below, 23-1202; 23-1203 
precinct registers, duty to furnish copies, charges, 23-520 
previous registration, inquiry into, 23-510 

proclamation by commissioners on special elections, 23-106 
proclamation of governor, publication and posting, of, 23-103 to 23-106 
qualification of voters 

bonds and levies 

cities and towns, IX, 2; 75-3938; 84-471 1 
counties, IX, 2; 16-2026 
school districts, IX, 2; 75-3938; 84-4711 
state, IX 2; 23-303 

general, IX 2; 23-302 

primary meeting of caucus, 23-813; 23-814 

women taxpayers, equal rights with men, IX 2, 12 
questions submitted to county and city, publication requirements, 23-202 
register and card index of electors to keep, requirements, 23-502 
registrar, ex-officio designation as, 23-501 
re-registration for failure to vote, 23-511 
supplies, 23-701 to 23-713 

tally sheets, for primary election, form of, 23-907 
transfer of registration, 23-509 

Clerks at polling places 

appointed by judges, 23-607 

appointment not mandatory, 23-607 

arrest of person obstructing passage ways to polls, 23-1207 

compensation of 

amount of, 23-605 

how fixed, 23-605 

how paid, 23-605 

recount, delayed in case of, 23-2307 
electioneering by, on election day prohibited, 23-1207 
oath of office to be taken, 23-610 
oaths, may administer during election, 23-61 1 



INDEX 317 



Clerks at polling places (continued) 



penalty for violations, 23-713 

serve during pleasure of judges, 23-607 
Commission-manager plan of government — See Cities and Towns — Commissioner 

manager plan of government 
Committeemen 

city committeemen, county committeemen residing in city or 

town to be, ex-officio, 23-929 
county committeemen 

congression committee members elected by, 23-929 

duties, 23-929 

names to be printed on ballot, how, 23-929 

officers dot not have to be precinct committeemen or committee 

women, 23-929 
organization of, 23-929 

precincts each to elect one man and woman, 23-929 
proxies, residence of, 23-929 
qualifications, 23-929 

state central committee elected by, 23-929 
term of office, 23-929 

vacancies among candidates filled by, 23-929 
vacancies, how filled, 23-929 
delegates to national conventions — See Delegates to national political 

conventions, below 

national committeemen 

duties, 23-920 

elected by state committee, 23-920 
one man and one woman to be, 23-920 
term of office, 23-920 
when selected, 23-920 
presidential electors — See Presidential electors, below 
state committeemen 

chairman selected by candidate and committeemen, 23-932 
elected by county committee, 23-929 
platform, formulation of, for party, 23-932 
Congressional Districts: listed, 43-107 
Constitution: 

Amendments to: 

people may not propose. Art V. Sec. 1 , page 5 
proposed how, submitted how, limiting number 
to be submitted. Art. XIX, Sec. 9, page 18 

publication of questions submitted to popular vote, 23-201; 23-202 
declaration of rights. Art III, 2, page 5 
elections free and open, Art III, 5, page 5 
revision by convention, Art XIX, Sec. 8, page 18 
suffrage, right to free exercise of Art. Ill, 5, page 5 

Conventions to ratify proposed amendments to constitution of the United States 
delegates 

compensation of, 23-2408 
convention of 

certificate of attendance transmitted to United States 

secretary of state, 23-2409 
officers, power to choose, 23-2407 

procedure, power to make rules concerning, 23-2407 
qualifications, power to judge of members, 23-2407 
quorum, 23-2407 
time for holding, 23-2406 
election of 

ballot, form of, 23-2405 
laws governing, 23-2402 
results, how determined, 23-2404 
when held, 23-2402 
nomination by petition without political designation, 23-2403 
number of, 23-2402 
federal acts to supersede state provisions concerning, 23-2411 

petitioners' and electors' qualifications determined by registration laws, 23-2410 
proposed by congress, held when, 23-2401 

CORRUPT PRACTICES ACT 

See also ELECTION FRAUDS AND OFFENSES, 941401 to 941426 
Account of expenditures by political committees, 94-1431 
Accounts, inspection of, 94-1433 
Bets and wages on elections forbidden, 94-1448 
Business advertsing, solicitation, when permissible, 94-1493 
Buttons and badges, use forbidden, when, 94-1451 
Campaign expenditures for nomiation 

by party organization, limit of, 94-1428 

by relatives, 94-1428 

limitation of, 94-1427 
Candidate construed, 94-1429 
Certain demands of candidates forbidden, 94-1443 



318 INDEX 

Corrupt Practices Act (continued) 

Certain payments for attending election and for services, forbidden, 94-1451 

Certain payments of money forbidden, 94-1456 

Challenging voters, procedure, 94-1446 

Coercion of undue influence of voters, forbidden, 94-1447 

Compensating voter for loss of time, 94-1451 

Complaint, form of, 94-1472 

Contest of nominations or election, 94-1457 to 94-1472 

Contributions for certain officers, forbidden, 94-1439 

from corporations and public utilities, forbidden, 94-1444 

soliciting forbidden, when, 94-1439 to 94-1443 
Convention credentials, transfer, when forbidden, 94-1444 
Copies of act, to whom furnished, 94-1432 
Corporations, procedure against for violation of act, 94-1469 
Corrupt practices defined, 94-1450 
Criminal libel defined, 94-1454 
Definition of terms, 94-1429 
Election contests 

advancement of case, 94-1471 

bond, 94-1467 

certification of findings, 94-1468 

citation to contestee, 94-1467 

complaint, form of, 94-1472 

contents of petition, 94-1467 

corporations, proceedings against for violation of act, 94-1469 

county attorney, duty to prosecute, 94-1467 

dismissal, when, 94-1471 

electors may contest, 94-1464 

evidence, 94-1468 

grounds of contest, 94-1464 

hearing of, 94-1468 

illegal votes 

allegations and evidence, 94-1466 

contests, accounts of, when authorized, 94-1465 

joinder of causes, 94-1468 

judgment to ward costs, 94-1468 

jurisdiction of action, 94-1460 

lack of good faith must be shown, 94-1457 

precedence of actions, 94-1467 

provileges of witnesses, 94-1471 

punishment for violation of act, 94-1458 

removal from office, when, 94-1458 

when commenced, 94-1459 

where filed, 94-1460 
Election expenses — See Statement of candidates' expenses, below 
Expenditures by or for candidates, 94-1427; 94-1428 
False oath or affidavit perjury, 94-1474 
Filing of candidates expense account required, 94-1455 
Forfeiture of nomination for violation of law, when, 94-1457 
Form of 

candidates' statement of expenses, 94-1473 

complaint in election contests, 94-1472 
Give construed, 94-1429 

Illegal votes, reception of, evidence, 94-1466 
Inducement to be candidate, forbidden, 94-1442; 94-1456 

Names of candidates not to be printed until statement of expenses filed, 94-1455 
Newspapers and publishers, printing of paid matter, how regulated, 94-1452 
Paid olitical advertisements, how regulated, 94-1452 
Payment for 

accepting or declining nomination forbidden, 94-1456 

credentials forbidden, 94-1441 

refraining from candidacy forbidden, 94-1442 

transportation to polls forbidden, when, 94-1451 
Payments in name of undisclosed principal forbidden, 94-1437 
Penalty for false oath or affidavit. 94-1474 

violations not otherwise provided for, 94-1470 
Perjury, who deemed guilty of, 94-1474 
Personation forbidden, penalty, 94-1449 
Person construed, 94-1429 
Political agent construed, 94-1429 

committee construed, 94-1429 

statement of expenditures by, 94-1431 
Political criminal libel defined, 94-1454 
Promise of appointment to office forbidden, 94-1438 
Public office construed, 94-1429 

officers not to contribute to funds, 94-1439 

prohibited from acting as delegates or committees, 94-1440 

speakers, when exempt from act, 94-1429 
Punishment for violation of act, 94-1458 
Receiving money for becoming candidate, forbidden, 94-1456 

criminal proceedings, how instituted, 94-1456 



INDEX 319 



Corrupt Practices Act (continued) 



Solicitation of certain contributions from candidates forbidden, 94-1443 

from public officers forbidden, 94-1439 

of voters on election day forbidden, 94-1453 
Statement of candidates' expenses 

by political committees, 94-1431 

filed, when and where, 94-1431 
penalty for failure to file, 94-1430 
time for filing, 94-1430 
candidates must file, when, 94-1430 
complaints, contents, oath and filing, 94-1433 
contents of statement, 94-1430 
copies of act to be furnished, whom, 94-1432 
copies to be furnished, when, 94-1436 
court may compel filing of statement, 94-1435 
demand for statement, when made, 94-1433 
form of, 94-1473 
inspection of accounts, 94-1433 
jurisdiction of actions for violation, 94-1435 
names not to be printed on ballot until filed, 94-1455 
penalty for failing to file, 94-1430 
preservation of, 94-1436 
prosecution for failure to file, 94-1434 
record of statements, how long preserved, 94-1436 
Tickets, sale to candidates, when forbidden, 94-1443 
Transportation to polls, payment, when forbidden, 94-1451 
Treating by candidates forbidden, 94-1445 
Vacation of nomination, or election, when, 94-1465 
What acts constitute corrupt pracices, 94-1450 
Counties: 

Abandonment: 

authorized, 164001 

election, governor to call, 16-4005 

closing of registration for, 16-4006 
county commissioners to proclaim, 1 6-4006 
question to be submitted, 1 6-4007 
returns, canvassing of, 16-4008 

result to determine abandonment, 16-4009 
governor to issue proclamation for special election on, 16-4005 

contents and filing, 16-4005 
petition for abandonment; 16-4002 

commissioners to fix date for hearing, 16-4003 
county clerk's certificate, 1 6-4002 

contents of, 16-4002 
number of signers required, 16-4003 
resident electors adverse petition, 16-4003 
board to consider and act on, 16-4003 
sufficiency of petition, determination of, 16-4004 
form of resolution entered by board, 16-4004 

transmission to governor and county clerks, 1 6-4004 
Abandonment or abolishment of, provisions for, XVI, 8 
Bond elections: signers required, 75-3937 

voters qualifications, 75-3938 
Borrowing money: 

limitation on commissioners; election, ballots, and procedure, 16-2301 to 16-2306 
County manager form of government 

authorization for adoption of, 16-3901 
effective date of, 16-3902 

elective officers not to be retired before expiration of term, 16-3902 
procedure for adoption of 
election 

notice of, how given, 16-3902 
question to be submitted at, form of, 16-3902 
time for holding, 16-3902 
petition of voters 

form and contents of, 16-3902 

submission to county commissioners required, 16-3902 
County seats, location 

commissioners to designate temporary county seat when, 16-402 
commissioners to make temporary selection, when, 16-401; 16-402 
election to determine permanent location 
ballots, form of, 16-408 
ballots, provisions applicable to, 16-402 
canvass of returns of, 16-409 
general election laws to govern, 16-405 
manner of voting at, 1 6-407 
qualification of electors, 1 6-405 

re-election in case no place receives majority of votes 
authorization for, 1 6-4 1 
ballot, form of, 16-410 



320 INDEX 

County seats (continued) 

Election to determine permanent location (continued) 

re-election in case no place receives majority of votes (continued) 

temporary county seat, place receiving most 
votes to become, 16-410 
registration of electors, 1 6-405 

result of election to be recorded in commissioner's minutes, 1 6-409 

special election 

authorization and procedure for, 16-412 

consideration of petition requesting, 1 6-403 

election supplies to be furnished by clerk, 1 6-406 

general election laws to govern, 1 6-407 

judges to be appointed by commissioners, when, 1 6-406 

proclamation, contents and publication of, 1 6-403 

provisions concerning, 16-412 

registration and polling precincts, designation of, 1 6-404 

taxpayers may petition for, 1 6-402 

time for holding, 1 6-403 

time for holding, 1 6-402 
general laws shall be provided concerning, XVI, 2 
legislature shall not have power to remove, XVI, 2 
offices shall be at, XIX, 6 
special laws concerning, forbidden, V, 26 
transfer of records to permanent location, 1 6-409 
County seats, removal 

authorization for, 1 6-309 
election concerning 

held at time of general election, 1 6-302 

manner of conducting, 1 6-303 

place chosen to be county seat, 16-306 

publication of notice of result of, manner of, 16-305 

publication of notice of result of place chosen to become 
county seat after day named in, 16-306 

statement of result and notice to be filed with county clerk, 1 6-307 

voting, how done, 1 6-304 
election not oftener than once in four years, XVI, 2; 16-308 
petition for 

comparison with poll books and assessment roll, 1 6-302 

notice and hearing on, 16-301 

number of taxpayers required to sign, 1 6-302 

publication of results election, 1 6-305 

requirements and contents of, 16-301 

taxpayers who may sign, 1 6-302 

withdrawal of names from 16-301 
removal only by majority of electors, XVI, 2 

statement of results and notice transmitted, 1 6-307 

voting how, 1 6-304 
submission of question to electors, 1 6-302 

taxpayers defined, 16-302 
time when place chosen becomes county seat, 1 6-306 
New, created by petition 

assessed valuation how construed, 1 6-502 
county commissioners when elected, 1 6-509 
county lines limitation on running, 16-501 
county seat, what cities eligible for, 1 6-503 
created when, 16-501 

minimum area and assessed valuation, 16-501 
division into township, road and school districts, 1 6-505 
effect of adverse vote, 1 6-506 
election on organization new county, 1 6-505 

ballots, 16-505 

eligibility of voters, 1 6-505 
election returns, how made and canvassed, 1 6-505 

duties of county clerk, 1 6-505 

general election law applicable, 1 6-505 
judicial district to which attached, governor to designate, 1 6-507 
justices of the peace, continuation of office, 1 6-507 
nominations candidates for office, how made, 16-505 
notice of election on organization new county, 1 6-505 
officers, how chosen, 1 6-507 

residing in proposed new county, continuation of office, 1 6-507 

terms of, 1 6-506 
penalty for misdemeanor and malfeasance in office, 16-519 
pending actions transferred to clerk of court of new county, 16-516 
petition for creation, 1 6-504 

commissioners' resolution on final hearing, 16-504 

contents, 1 6-504 

affidavit to accompany, 1 6-504 

exclusion territory when, 1 6-504 

notice of hearing, publication, 1 6-504 

signers, 1 6-504 
pro rata liability for debts of old county, 16-501 

pro rata proportion of assets, 16-501 






INDEX 321 

Counties (continued 
new (continued) 

publication of notices by posting when, 16-517 

records and books for transcription to be furnished new county 16-515 

transcription of records, 16-515 
repealing and saving clause, 16-520 
resolution creating new county, 1 6-506 
designation of county seat, 1 6-506 
election certificates, 16-506 
secretary of state, certification to, 16-506 
school trustees, continuation in office, 16-507 
state senator, when elected, 16-508 
taxation, basis of, 16-502 

temporary county seat, how selected, 16-505 
Officers 

appointee holds office until next general election, XVI 5 
assessor, XVI, 5; 16-2403; 16-2406 
attorney. Art. VIII, Sec. 1 9, page 1 1 
consolidation of offices: 
election for, 16-2406 

notice of election, publication of, 16-2406 
coroner, XVI, 5,; 16-2403; 16-2406 
county clerk, XVI, 5; 16-2403; 16-2406 

clerk of board of county commissioners, XVI, 5; 16-2406 
ex-officio recorder, XVI, 5; 16-2406 
county superintendent of school, XVI, 5, 16-2403- 16-2406 
county surveyor, XVI, 5, 16-2403; 16-2406 
district, qualifications, 1 6-2402 
election to be held when, XVI, 5; 16-2406 
election or appointment to be provided by law XVI 6 
enumeration of, XVI, 5; 16-2403; 16-2406 
qualifications of, 16-2401; 16-2406 
term of office 

commencement of, 1 6-2406 
duration of, 16-2406 
four years for some, XVI, 5; 16-2406 
two years for others, XVI, 5; 16-2406 
township officers: 

election of, when held, 16-2406 
enumeration of, 1 6-2404 
qualifications of, generally, 16-2402 
term of office 

commencement of, 16-2406 
duration of, 16-2406 
treasurer 

collector of taxes, XVI, 5; 16-2403; 16-2406 
shall not hold office more than two consecutive terms, XVI 5 
vacancies 

appointees to fill, term of, 16-2412 
commissioners' authority to fill, XVI, 5; 16-2406 
County: 

Bonds and Warrants: 

election for purposes of issuance of 

ballots, form of, prescribed, 16-2025 
canvass of returns, when made, 16-2028 
commissioner's meetinf for purpose of considering 
resolution, 1 6-2023 
contents of resolution, 16-2023 
election date to be fixed by, 16-2023 
conduct of election, 16-2025 
hours of election, 16-2024; 23-1203 
judges of election, how appointed, 16-2024 
notice of election 

contents of, 16-2024 
posting and publication of, 16-2024 
percentage of electors required to authorize bonds, 16-2027 
person entitled to vote at, 16-2026 
petition for 

affidavit of person circulating required, 16-2022 
certificate of county clerk to accompany, 16-2022 
contents of, 16-2022 

transmission with petition required, 16-2022 
contents of, 16-2022 
petition for special election 
requirements of, 16-2021 

signers, qualifications and number of, 16-2021 
qualification of electors, IX, 2; 16-2026 
registered electors 

notice of closing registration books to be given, 16-2026 
publication of notice required, 16-2026 
time for opening and closing polls, 16-2024 



322 INDEX 

County (continued) 

Bonds and Warrants (continued) 

issuance of bonds 

resolution of commissioners authorizing 

contents of, 16-2028 

time for making, 16-2028 
limitation of amount of issue, XIII, 5; 16-2010 
percentage of electors required to authorize bond issue, 1 6-2027 

petitions and elections for issuance, when required, 16-2021 
consideration of, 1 6-2023 
form and contents of petition, 1 6-2022 
qualification of signers, 1 6-2022 

qualification of signers, 1 6-2022 
Commissioner districts: 

assignment of members to; term of office. Art. XVI, Sec. 4, page 1 6 
change of boundaries of Art. XVI, Sec. 4, page 1 5 
creation of. Art. XVI, 4, page 1 5 
members selected, how. Art. XVI, 4; page 16 
term for which elected. Art. XVI, 4, page 1 5 
commissioners: 

power to consolidate offices. Art. XVI, 5, page 1 7 
residence requirements for election. Art. XVI, 4, page 1 6 
selection of by districts. Art. XVI, 4, page 1 6 
vacancy in office, filled how. Art. XVI, 4, page 1 6 
consolidation: 

See also "Cities and Towns-City and County Consolidation" 
limitation of salaries of incumbents, Art. XVI, 5, page 1 7 
procedure for. Art. XVI, 5, page 1 7 
indebtedness: 

limited, Art. XIII, Sec. 5, page 14 
officers: 

listed, terms, vacancies, Art. XVI, 5, pages 1 6 and 1 7 
Seat: 

See "Counties" above— "County Seats, removal"; Art. XVI, Sec. 2, page 15 
Supt. of schools: 

qualifications, election, term, 75-1501 to 75-1504 
who eligible to hold office of. Art. IX, Sec. 1 0, page 1 3 
Delegates to national political conventions: 
county chairman to be elected, 23-1002 
county conventions of political parties 

certificate of election to be issued, 23-1005 
chairman of county central committee to call, 23-1003 
expenses, how paid, 23-1008 
notice of holding, 23-1003 
organization of convention, 23-1005 

participation in, limited to precinct committeemen, 23-1 004 
presiding officer, county chairman to be, 23-1004 
provision when no county central committee exists, 23-1 003 
proxies, provision for, 23-1004 
state convention delegates 
election of, 23-1005 
number of, 23-1005 
time for holding, 23-1003 
vacancies, how filled, 23-1 004 
who entitled to participate in, 23-1004 
exclusive manner of selecting, 23-1002 
political party defined, 23-1001 
precinct committeemen to be elected, 23-1002 
state chairman to be elected, 23-1002 
State convention of political parties 

absent delegates, casting of votes for, 23-1007 
certificates of election to be issued, 23-1007 
conduct of, to be according to rules and regulations, 23-1007 
. delegates to be elected at county conventions, 23-1005 
delegates to national convention to be elected, 23-1006 
expenses, how paid, 23-1008 
notice of holding of, publication of, 23-1007 
participation in, limited to delegates, 23-1007 
presidential electors to be elected, 23-1006 
proxies not recognized, 23-1007 
time for holding, 23-1006 
Direct Primary: See "Primary Nominating election"; "direct primary". 
District courts: 

clerks of: 

election, term, duties, compensation, Art. VIII, Sec. 1 8, page 1 1 
judge of, election, term, Art. VIII, 1 2, page 1 

service in other districts, Art. VIII, 1 2, page 1 
qualifications, residence requirements, Art. VIII, Sec. 1 6, page 1 
judicial districts: 

Art. VIII, 12, page 10 
defined, 93-301 






INDEX 323 

District Courts (continued) 

Judicial districts (continued) 

eighteenth created, 93-301.1 
listed, Art. VIII, 13, page 10 
sixth district, 93-301.2 
number of judges, 93-302 
vacancies, 93-309 
drainage districts: 

commissioners: election, 89-2301 to 89-2306 

ELECTION FRAUDS AND OFFENSES 

See also CORRUPT PRACTICES ACT, 94-1427 to 94-1474 
Acts void elections, when, 94-1426 
Aiders and abettors, penalty, 94-1410 
Attempting to vote when not qualified, 94-1404 

Ballots 

adding to our substracting from, 94-1409 

changing or altering by officers, penalty, 94-1406 

destroying, penalty, 94-1403 

exhibition of, penalty, 94-1414 

marking for identification, penalty, 94-1414 

unfolding or marking by judges, penalty, 94-1407 

voting spurious ballot, 94-1414 

Betting on elections, penalty, 94-1421 

Bribery, what acts constitute, 94-1423 

Bribing members of legislative caucus, 94-1418 

Canvass of returns, interfering with, penalty, 94-1403 

Certificate of nomination, forging, altering or suppressing, penalty, 94-1412 

Conviction of violation voids elections, when, 94-1 426 

Corrupt practices act, 94-1427 to 94-1474 

Crimes against, 94-1401 

Destroying or defacing election supplies, 94-1414 

Disturbance of public meetings, 94-1420 

Electioneering by officers of election, 94-1413 

Election laws, violation of, penalty, 94-1401 

Electors, intimidation and corruption of, 94-1411 

Employers, unlawful acts of, 94-1424 

disposal of fines, 94-1425 
Entertainment at personal expense, penalty, 94-1415 
Fines, disposal of, 94-1425 
Forging or altering returns, 94-1408 
Fraudulent registration, felony, 94-1402 
Fraudulent voting a felony, 94-1403 
Intimidating votes, 94-1411 

Judges unfolding or marking ballot, 94-1407 
Legislative caucus, bribery of members, penalty, 94-1418 
Marking ballots for identification, 94-1414 
Money furnished to promote election, penalty, 94-1415 
Offenses at elections, 94-1414 
Offer to appoint to office 

communication of, penalty, 94-1417 

penalty, 94-1416 
Officers not to electioneer, penalty, 94-1413 
Political convention, bribery of members of, penalty, 94-1418 
Poll lists, changing or destroying, 94-1403 
Procuring illegal voting, 94-1405 
Promise to appoint to office, 94-1416; 94-1417 
Public meetings 

disturbance of, 94-1420 
preventing, 94-1419 
Registration, fraudulent, penalty, 94-1402 
Returns 

altering or destroying by officers, penalty, 94-1406 to 94-1408 

destruction, penalty, 94-1403 

forging or altering, penalty, 94-1408 
Supplies, removal or destruction, penalty, 94-1414 
Violation of act voids election, 94-1426 
Violation of laws, punishment when not prescribed by code, 94-1422 

constitutes felony when, 94-1401 
Voters, intimidation of, penalty, 94-1411 
Votes, adding to or subtracting, 94-1409 

fraudulent, penalty, 94-1403 

procuring illegal voting, 94-1405 
Workmen, unlawful acts of employers towards, 94-1424 
Elections: 

duties of county commissioners relative to, 16-1003, 16-1 156-57 
general 

held when, 23-101 

proclamation by governor 
contents of, 23-104 
county commissioners to cause to be posted, 23-105 



324 INDEX 

Elections (continued) 

general (continued) 

proclamation by governor (continued) 

publication and posting of, 23-105 

time for publication and posting, 23-105 

when made, 23-103 
highest legal vote elects. Art. IX, 1 3, page 1 3 

legislature to pass laws to security purity of. Art. IX, 9, page 1 2 
shall be by ballot. Art. IX, 1 , page 1 1 
shall be free and open. Art. Ill, 5, page 5 

Electors: 

age requirement. Art. IX, 2, 23-302 

arrest, privileged from, when, Art. IX, 4, page 1 2; 23-308 

citizenship, Art. IX, 2, page 12, 23-302 

exempt from military duty on election day, except when, 23-909 

felon, not to have right to vote unless pardoned, Art. IX, 2; 23-302 

idiots or insane persons not to be, 23-310; Art. IX, 8, page 12 

person having right to vote when constitution adopted, not to 

be deprived. Art. IX, 2; 23-302 
persons, not citizens of the U. S. shall not vote, when. Art. IX, 2, 23-303 
qualifications: 

qualifications and privileges of, 23-301 to 23-303 
age, must be twenty-one years, IX, 2; 23-302 
bonds and levies 

taxpayers on last assessment roll ? 

cities and towns, IX, 2; 75-3938; 84-4711 
county IX, 2; 75-3938 to 16-2026 

general requirements in addition, IX, 2; 23-302, 84-471 1 
schools, IX, 2; 75-3938; 84-4711 
state, IX, 2; 23-303! 23-307 
generally enumerated, IX, 2; 23-302 
identification may be required, 23-526 
primary meeting or caucus, for, 23-813, 23-814 
register, name must appear in, 23-526 
residence in state one year required, IX, 2; 23-302 
residence in town, county or precinct, IX, 2; 23-302 
right to vote, 23-526 

women taxpayers have equal right to vote, IX, 1 2 
residence for voting not lost or gained, when, IX, 3, page 1 2 
signing precinct register required, 23-524 
state indebtedness, qualifications and proof required to vote on IX, 2; 

23-303; 23-307 
women taxpayers have equal right to vote on questions submitted. 
Art. IX, 2, page 12 

Executive department: 

consists of what officers. Art. VII, 1 , page 8 

Executive officers: 

elected how; procedure on tie vote, Art. VII, 2, page 9 
election returns and contests. Art VII, Sec. 2, page 9 
eligibility of certain, VII, 3, page 9 

who are, term of office, residence requirements, duties, Art. VII, 
Sec. 1, page 8 

Indebtedness, public, 

city, town, school district, limited, Art. XIII, 6, page 1 5 
county: limit on. Art. XIII, 5, page 14 

submission to electors when. Art. XIII, 5, page 1 4 
created by law only. Art. XIII, 2, page 14 

extending limit to procure water supply or sewerage. Art. XIII, 6, page 1 5 
law creating irrepealable until when, Art. XIII, 2, page 1 4 
law to provide tax levy. Art. XIII, Sec. 2, page 14 
law to specify what. Art. XIII, 2, page 1 4 
limit upon and exception. Art. XIII, 2, page 1 4 
submission of question to people. Art. XIII, 2, page 1 4 
Indebtedness, state 

qualifications of voters, 23-303 
Initiative and Referendum — See also "Cities and Towns" 
approval 

election, general or special required for, 37-110 

majority vote of those voting sufficient, 37-110 

referred bills not effective until, 37-110 
ballot 

attorney general to determine form of. 37-106 

form of, 37-106 

canvass of votes, 37-108 

certification of titles and number by secretary of state to 
county clerks, 37,105 
Cities and towns — See Cities and Towns — Ordinances, 11-1101 to 11-1114 
city ordinances — See Cities and Towns — Ordinances, 11-1101 to 11-1114 
constitutional provisions concerning V, 1 
copies of measures distributed, 37-107 

effective from date of publication of proclamation, 37-108 
effective, not until majority vote for, at general or special election, 37-110 



INDEX 325 

Initiative and Referendum: (continued) 

effective, when, V, 1 

electors may petition, 37-109 

false signatures, penalty for, 37-109 

governor's proclamation concerning, 37-104 

in city and county consolidated government — See City and County 

Consolidation, 11-3419 to 11-3432 
initiative 

definition of, V, 1 

enacting clause of laws originated by, V, 1 

petition 

county clerk to verify signature, 37-103 
electors may sign, 37-109 
filed, when, where, V, 1 
form of, 37-102 

penalty for false signatures, 37-109 
requirements of, V, 1 
measures 

effective, when, V, 1 

printing of proposals for distribution, bids, manner of, 37-107 
titles, numbering of, secretary of state to prepare and certify, 37-105 
pamphlets of proposed measures 

compensation of clerks for services, official only, 37-107 
mailing of, to voters by county clerks, official duty, 37-107 
printing and distribtuion of, bids, 37-107 
purchasing agent, duties concerning, 37-107 
secretary of state to distribute to county clerk, 37-107 
printing and distribution, 37-107 
proclamation of governor concerning, 37-104 
proclamation of governor on results of election, 37-108 
proclamation, publication of, 37-104 
referendum 

bills effective after approval, 37-110 

definition of, V, 1 

effective, when bills are, V, 1; 37-110 

election concerning, when held, V, 1 

form of petition, 37-101 

ordered, how, V, 1 

petition 

county clerk to verify signatures, 37-103 
electors may sign, 37-109 
filed, when, where, V, 1 
form of, 37-101 

penalty for false signatures, 37-109 
requirements of, V, 1 
secretary of state 

distribution of pamphlets to county clerk, 37-107 
measures, to title, number, prepare and certify, 37,105 
petitions to be filed with, 37-101; 37-102 
signatures, may count those proved genuine, 37-103 
special election concerning, when held, V, 1 
submission to electors, 37-105 
title, limitations on, 37-105 
title on ballot, limitations on, 37-106 
veto power not to extend to, V, 1 
voted upon, when, V, 1 
voting, manner of, 37-106 
who may petition for, 37-109 
Judges of elections: 

alternating boards for relief may be appointed when necessarv; 

procedure and duties of, 23-601 
appointment 

chosen from lists submitted by two major parties, when, 23-604 
clerk to notify person of, how, 23-606 

county commissioners have duty of, 16-1003; 23-601; 23-604 
lists, time for submission of, contents, deliquency of, 23-604 
vacancies, commissioners to fill, when, 23-604 
arrest of person obstructing passage ways to polls, 23-1207 
assistance to others than disabled or illiterate persons, prohibited, 23-1210 
ballot 

delivery to, by elector after voting, instructions as to handling, 23-1210 
exposure of, below face after delivery from voter prohibited, 23-1210 
challenges, duties concerning, 23-521; 23-532 
appointment by and continued at pleasure, 23-607 
clerks 

appointment not mandatory, 23-607 
compensation of 

amount, 23-605 

how audited and paid, 23-605 

recount, effect of, 23-2307 



326 INDEX 

Judges of election: (continued) 
ballot (continued) 

disabled or illiterate voters, method of helping, 23-1213 

electioneering by, on election day, prohiibted, 23-1207 

electors, qualified, must be, 23-604 

identity of voters, duty to require proof of, 23-526_ 

machines, duties concerning — See "Voting machines" 

name and residence of voter, to announce in audible tone upon 

receiving ballot, 23-1215 
new precincts, number in, 23-603 
notice of election, duty to post, 23-609 
number of, 23-601 to 23-603 
oath of office to be taken, 23-610 
oaths, may administer during election, 23-61 1 
penalty for violations, 23-7 1 3 

political party not to have more than majority of, 23-604 
polling place, when to designate, 23-407 
proclamations at opening and before and after closing to be made 

by, 23-1204; 23-1205 
register book, to require each voter to sign, 23-524; 23-1218 
returns by 

ballots and stubs 

county cluerk to retain for year, 23-1712 
opened only by order of court, 23-1713 
county clerk to keep unopened until county commissioners 
canvass, 23-1714 
custody given to one of judges, 23-1710 
delivery or mailing to county clerk, 23-1711 
destruction of, after twelve months, by county clerk, 23-1712 
filing in county clerk's office ofter canvass, 23-1712; 23-1715 
how made, 23-1709 
serve until other judges appointed, 23-607 

total vote cast, duty to copy on blank furnished by clerk, 23-71 1 
vacancies 

county commissioners appoint person to fill, when, 23-694; 23-607 
refusal or neglect to serve, electors fill on election morning, 23-606 

Judicial departments; 

appointees, term of office. Art. VIII, 34, page 10 
vacancies in, filled how. Art. VIII, 34, page 1 1 

Judiciary, nonpartisan election of 

application of provisions concerning, 23-2001 
conflicting act repealed, 23-2014 
general election law, applicability of, 23-2014 
nomination of candidates 

arrangement and certification of candidates, 23-2005 
ballots 

counting and canvassing separate from other ballots, 23-2008 
preparation and distribution of, 23-2006 
separate, how distinguished, 23-2007 
disposal of ballots and stubs, law applicable to, 23-2008 
governor to nominate, when, 23-201 1 
number of nominees to be selected, 23-2009 
petitions for nomination 

fee to accompany, amount of, 23-910; 23-2003 
filing with secretary of state required, 23-2003 
form and contents of, 23-2003 

primary election law, how far applicable, 23-2002 
register of candidates for nomination, 23-2004 
returns, general election laws applicable to making of, 23-2008 
tie vote, how decided, 23-2010 
vacancies among nominees, how filled, 23-2011 
voting, provisions governing, 23-2007 
political parties not to endorse, penalty, 23-2002 
repealing clause, 23-2014 
voting machines, arrangement of judicial ballot on, 23-2013 

Justices and police courts: 
justices: 93-401-406 

terms of office, 93-405 
vacancies, 93-406 

Justices of the Peace: 

elected how, number of.term. Art. VIII,20,pagel 1 
Justices of the Supreme Court 

chief justice presides at session of Supreme Court, Art. VIII 8, page 9 

elected how. At. VIII, 6, 8, page 9 

eligibility to office of Art. VIII, 1 0, page 1 

term of office of Art. VIII, 7, 8, page 9 
Justices courts: 

original jurisdiction, except when. Art. VIII, 20, Page 1 1 
Laws: 

local or special forbidden. Art. V, 26, page 7 

power to propose, approve or reject, reserved to the people, except 
when. Art. V, 1, page 5 



INDEX 327 



Legislative Assembly: 

apportionment of membership. Art. V, 4, page 6, 43-103-4 

duty to divide state into senatorial and representative districts. Art. V, 4, 

page 6 
house: 

election of speaker and other officers, Art. V, 9, page 7 
judge of elections, returns and qualifications of members 
Art. V, 9, page 7 
senate: 

election of president pro tempore and other officers. Art. V, 9, page 7 
senators: 

classification of.Art. V, 4, page 6 
shall not pass local or special laws, Art. V, 26, page 7 
vacancies caused by death, filled how. Art. V, 45, page 7 

Legislative department: 

authority vested in legislative assembly. House and Senate, Art. V. 1, 
page 5 

Legislative members: 

not deprived of right to introduce any measure. Art. V, 1 , page 6 

Legislature: 

apportionment, 43-103 to 43-106 
new counties, apportionment of, 43-105 to 43-104 
number of representatives from each county, 43-104 
qualification of members of. Art. V, 3, page 6 
term of members. Art. V, 2, page 6 

Liquor control: 

local option election; procedure, 4-142 to 4-149 
sale at retail, local option procedure, 4-431 to 4-437 

Municipal government: 

legislature may provide plan of, abolish, merge, submission to 
electors. Art. XVI, 7, page 17 

Nominations by conventions or primary meeting 

applicability of law to new political parties and those not casting three 

per cent total vote for congressmen, 23-909 
bribery of members and officers, unlawful, 94-1418 
certificate of nomination 

contents of, 23-802 

delivery to secretary of state or county clerk, 23-802 

filing of 

fees to be paid for, 23-808 

when, various offices stated, 23-807 

where, various offices stated, 23-803 

inspection by public allowed, 23-806 

not more than one name for each office to be contained in, 23-805 
preserved one year, 23-806 
certification to county clerk of nominees by secretary of state, 23-809 
challenges 

oath to be taken 
form, 23-817 

perjury for false answers, 23-8 1 7 
clerk 

judges to appoint, 23-816 

record of persons voting to be kept by, 23-8 1 6 
convention or primary meeting 

defined, 23-801 

nominating candidates, power concerning, 23-801 
declination of nomination 

municipal elections, 23-810 

procedure for, 23-810 

time for, 23-810 

vacancy filled, how, 23-81 1 
electors 

bribery or unlawful interference, 23-819; 94-1418 

double voting by, forbidden, 23-814 

identification with political party required, 23-814 

qualifications, 23-813; 23-814 
errors, action to correct 

application for correction, 23-812 

jurisdiction of district judge, 23-812 

order to clerk to show cause why correction should not be made, 23-812 
fees to be paid by nominees, 23-808 
filing fee required, 23-808 
judges 

clerks to be appointed by, 23-816 

duties and powers, 23-815 

fraudulent voting or counting unlawful, 23-818 

qualifications of, 23-815 
more than one office, nomination for, forbidden, 23-805 
new political parties may use this method to nominate candidates, 23-909 



328 INDEX 

Nominations by conventions or primary meeting (continued) 

nominees' names and description certified to county clerk, 23-809 
officers, bribery of, unlawful, 94-1418 
one office to a person, 23-805 

penalties for violation of laws concerning, 23-820 
gualifications of electors, 23-813; 23-814 
unlawful interference with electors, 23-819 
vacancies, how filled, 23-81 1 

vacancies in congressional offices, residing electors only to vote, 23-801 
Non-partisan election of Judiciary — See "Judiciary, non-partisan election 
of, above, 23-2001 to 23-2014 

Notice of election 

clerk to mail to judges twenty days before general election, 23-608 

form, 23-608 

posting by judges, where, 23-609 

time for posting, 23-609 

Oaths 

judges and clerks may administer, 23-61 1 
required of judges and clerks, 23-610 

On bonds for abatement smoke nuisance, 1 1 -2504 
how conducted, 1 1 -2505 

On increased tax levy for road and bridge construction, 1 6-220 1 to 1 6-2204 

On initiative or referendum for city ordinances — See Cities and Towns, 
Ordinances, 11-1101 to 11-114 

On issuance municipal bonds, 11-2301 to 11-2330 

On petition for organization of cities and towns, 1 1 -204 
how conducted, 1 1 -204 
officers, first election of, 1 1 -205 
qualification of electors, 1 1 -205 
what officers elected, 1 1 -206 

On sales of beer in a county, 4-350 to 4-356 

Opening and conduct of, special laws concerning, forbidden, V, 26 
Parties, political 

direct primary method limited to those casting three per cent 

of total vote for congressman, 23-909 
independent and non-partisan candidates not to use name of 

existing party, 23-909 
name of, right to exclusive use, reserved to candidates of, 23-909 
new, may nominate candidates by convention or primary meeting 

method, 23-909 
Penalties — See Election frauds and offenses, above for offenses 
concerning, 23-1819; 94-1401 to 94-1474 

People, shall be by, IX, 1 
Plurality to elect, 23-1806 
Political elections, delegates to national — See Delegates to national 

political conventions, above, 23-1001 to 23-1008 
Poll books 

certificate issued when name omitted by error, 23-527 
county commissioners to furnish, 16-1156; 23-701 
form of 

defect in, not to vitiate, 23-703 
prescribed, 23-702 
name and residence of voter to be recorded in, 23-1215 
omission of name from, remedy for, 23-527 
signing and certification of, after counting of votes, 23-1708 
taxpayers, separate for, no longer required, 23-304 
Poll list 

composed of list of persons voting, 23-1219 
constitutes part of poll book, 23-1219 
county commissioners to furnish, 16-1156 
Polls 

ballots 

receipt of, before opening or after closing proclamations 

forbidden, 23-1204; 23-1205 
removal before closing polls, not permitted, 23-1207 
booths, ropes and rails 

dispensed with, when, 23-1206 
expense of, how paid, 23-1208 
furnishing and preparation of, 23-1206 
number of booths required, 23-1206 

one person to booth, not over five minutes when others 
occupied, 23-121 1 
conduct of persons in use of facilities, 23-1207 
expense of providing, a public charge, how paid, 23-1208 
failure to designate house or place, proceedings for, 23-407 
ingress and egress to and from building to be free, 23-1207 
obstruction of, arrest for, 23-1207 
places 

house or place within precinct, commissioners to designate, 23-406 
polling, precinct may be divided into two or more, 23-401 



INDEX 32$ 

proclamations 

ballots, none to be received before opening, or after closing 

proclamations, 23-1204; 23-1205 
opening and closing thirty minutes before, 23-1204 
supplies for — See Supplies, below 
time of opening and closing 
bonds and levies 

special county, city and school, held on day of general with 

with same judges, follow general hours, 23-1203 
special county, city and school, 12 noon to 8 p. m., 23-1203 
general 

closed at any time all registered electors in precinct have voted, 23-1201 

opening and closing time, 23-1202 

precincts with less than 1 00 registered electors, 1 p. m. 
to 6 p. m., 23-1202 
primary election, 23-903 

Posting and printing lists of registered electors, provisions concerning, 23-514 

Precinct Register 

affidavit required if elector cannot sign, form of, 23-1218 
identification of voter although name appears in, 23-526 
name must appear in, to give right to vote, 23-526 
signature of elector in, required, 23-1218 

Precincts 

abolishment of, county commissioners' power concerning, 16-1003 
boundaries 

changing of 

certification of, 23-402 

county commissioners have power of, 23-402 

limitation upon, map showing to be prepared by surveyor, 23-402 
conform to those of wards and school districts, when, 23-401 
wards 

changes in, 23-403 
map of to be made, 23-405 
changing of, county commissioners' power concerning, 1 6-1 003 
designation by number and name, 23-402 
designation of place where election to be held 
county commissioners to cause, 23-406 
other proceedings for, 23-407 
establishment of, 16-1003; 23-401 
Presidential electors — See also Delegates to national conventions, above 

Primary meeting or conventions, 23-1001 to 23-1008 

See Nomination by conventions or primary meetings, above 

Primary nominating election, direct primary 
ballot boxes 

opened only under order of court or when needed, 23-908 
seals on, not to be broken, except when, 23-908 
ballots — See also Ballots, above, 23-1101 to 23-1117 
arrangement of, 23-919 

county and city clerks, duties concerning, time for, 23-917 

secretary of state, duties concerning, time for, 23-916 
blank, disposal of, 23-919 
counting of, method, 23-906 
county clerk to have printed, 23-917 
form of, 23-919 
manner of voting, 23-919 
names of candidates 

arrangement of, 23-919 

rotation of, 23-919 

written in, how counted, 23-919 
number furnished each precinct, 23-920 
party tickets, arrangement of, 23-919 
posting in office of county clerk, required, 23-917 
public record, preservation of, 23-914 
sample ballots 

colored, may not be white, 23-917; 23-920 

cost of, 23-920 

county clerk's order required for printing of, 23-920 

not to be used or brought into polling place, 23-210 

political parties may order from county clerk, 23-920 

preparation of, 23-917; 23-920 

specifications of, 23-920 
size to be uniform, 23-919 
tally sheets, form of, 23-907 
voting of, 23-919 
bribery of voters, penalty, 23-933 
candidates 

certification of 

county clerk's duties concerning, 23-917 

secretary of state to county clerk, 23-916 



330 INDEX 

Primary nominating election, direct primary (continued) 
candidates (continued) 

fees for filing petitions, 23-910 

general provisions for— -See Candidates, above 

independent and non-partisan candidates not to use name of 

existing political party, 23-909 
independent, primary law not to prevent person from running as, 23-919 
limitations on use of party names by, 23-909 
names 
arrangement of, by county clerk, 23-917 

printing of, on official ballots, 23-909 
platform for state to be formulated by, with committeemen, 23-932 
register of, 23-913; 23-914 
removal from office after general election for unlawful act 

during primary, 23-931 
violation of election laws 
penalty for, 23-931 
removal from office, when, 23-931 
write in 

declaration of acceptance 

fee to accompany, 23-910 

time for filing, 23-910 

vote required to qualify, 23-910 

canvassing 

returns, by counties 

belated returns, messenger, payment of, telegraph, 23-924 

commissioners to assist, 23-921 

county clerk's duty concerning, 23-921 

justices of the peace to assist, 23-921 

secretary of state to receive abstract of votes, 23-921 

time for, 23-921 

votes, person having highest number deemed nominated, 23-921 
returns, by state 

belated returns, secretary may send messenger, payement of, 
telegraph, 23-924 

county clerk, duties concerning, 23-922 

governor and state treasurer to be present, 23-922 

offices for which canvass made, 23-922 

secretary of state, duties concerning, 23-922 

time for, 23-922 
votes, 23-907 
certificate of nomination, governor to issue, 23-922 
certification of candidates to county clerks 
county clerk's duty thereafter, 23-917 
secretary of state has duty of, 23-916 
telegraphic transmission allowed, when, 23-916 
time for, 23-916 

challenges 

by judge or any elector, provisions concerning, 23-532 
general laws applicable to — See Challenges, above, 23-936 

cities and towns, law applies if incorporated and has population 
requirements—See municipal corporations, below, 23-904 

clerk and recorder 

ballots — See ballots, above 

canvassing returns, clerk's duties concerning — See Canvassing, above 

returns, duties concerning — See Canvassing, above 

clerks, at polling places 
compensation 

county clerk to certify as to amount of, 23-921 
payment out of county treasury on order of county 
commissioners, 23-921 
corrupt conduct or wilful neglect, penalty, 23-925 
duties after closing polls, 23-906 to 23-908 
general law applying where not inconsistent with primary law — 

See Clerks, at polling places, above, 23-936 
notice of election, duty to post, 23-903 
committeemen — See "Committeemen", above, 23-929; 23-930 
construction of laws concerning, 23-901 
contest of nominations 

corrupt practices act— See CORRUPT PRACTICES ACT, 94-1427 to 94-1474 
hearing upon, 23-927 
notice of 

service of, 23-927 
time for giving, 23-926 
to whom given, 23-926 
recount of votes — See Recount of votes, below 
trial and decision, 23-928 
corrupt conduct or wilful neglect of official, penalty, 23-925 
date of holding, 23-902 

designation of ticket in case of nomination by more than one party, 23-919 
destruction of election records, when, 23-914 






INDEX 331 

Primary nominating election, direct primary (continued) 

emergency clause of law, 23-905 

error in ballot or counting 

jurisdiction of district court, 23-923 

mandamus may be had to correct, 23-923 

exclusive method of political party nominations, 32-909 

failure of nomination deprives person of party designation on ballot, 23-919 

forgery of nomination papers, penalty for, 23-935 

general laws applicable, 23-936 

highest number of votes nominates, 23-921 

holding of, general laws applicable where not inconsistent 

with primary laws, 23-936 
hours of election, 23-903 
independent candidates, 23-909; 23-919 

judges 

compensation 

county clerk to certify as to amount of, 23-921 
payment out of county treasury on order of county 
commissioners, 23-921 

corrupt conduct or wilful neglect, penalty, 23-925 

duties after closing polls, 23-906 to 23-908 

general law applying where not inconsistent with primary law, 23-936 

notice of election, duty to post, 23-903 

voting, instructions as to method, duties, 23-919 

laws, general election laws applicable to primaries where not inconsistent 

matters to be submitted, 23-902 

municipal corporations 

cities affected by primary law, 23-904 

city clerk, duties of county clerk imposed on, 23-904 

legislative and executive authorities of city to conduct, duties, 23-904 

no election, in case of, clerk to certify to county clerk, when, 23-904 

notice of election, duty of city clerk to prepare and give, 23-904 

petitions filed with city clerk, 23-904 

name of, 23-902 

neglect of duty or official misconduct, 23-925 

nomination, person getting highest number of votes, deemed to 
have received, 23-921 

nominees, register of, 23-913 
non-partisan candidates 

independent, 23-909; 23-919 

judiciary, 23-2003 to 23-2011 

party designation prohibited, 23-909 
notice of 

form for, 23-903 

posting, time for, 23-903 
officers, candidates to be chosen for, 23-902 
official misconduct or neglect of duty, penalty, 23-925 
operation and effect of laws concerning, 23-901 
penal laws applicable, 23-934 
penalties 

bribery, offering or accepting, misdemeanor, 23-933 

candidates violating primary law, removal from office for, 
after general, 23-931 

corrupt conduct or wilful neglect of official duty, 23-925 

forgery and suppression of nomination papers, 23-935 

offenses by general laws, made applicable, 23-934 
petitions for nomination 

filing of 

fees for, 23-910 

time for, offices enumerated, 23-912 

where, offices enumerated, 23-910 

forgery of, penalty for, 23-935 

form of, 23-911 

suppression of, penalty for, 23-935 
platform of party for state to be formulated by candidates and 

committeemen, 23-932 
political parties 

method of nominaing exclusive, 23-909 

nominations other than by direct vote, when allowed, 23-909 
poll books 

destruction of, 23-914 

public record, preservation of, for one year required, 23-914 
return to county clerk, procedure for, 23-908 
polls open, when, 23-903 

proclamation of nomination to be made by governor, 23-922 
purpose of election, 23-902 
records of election, public 

destruction of, 23-914 

preservation of, for one year after election required, 23-914 



332 INDEX 

Primary nominating election, direct primary (continued) 
records of election, public (continued) 

registers of candidates and nominations to be, 23-91 4 
writings, poll books, tally sheets, etc., to be, 23-914 

register of nominations 

entry of names in, after canvass of returns, 23-921 
public record, 23-914 
requirements for keeping, 23-913 
returns — See canvassing, above 

supplies furnished by county, 23-918 

suppression of nomination papers, penalty for, 23-935 

tally sheets 

certificate attached to, 23-907 

form of, 23-907 

posting of, when properly filled out, 23-907 

procedure for use of, 23-907 

public record, 23-914 

return to county clerk, procedure for, 23-908 
tie vote, procedure in case of 

county office, 23-921 

state office, 23-922 
time for holding, 23-902 
title, same as title of bill, 23-901 
vacancies, how filled, 23-915 
voting, manner of, 23-919 
write in candidates, 23-910 
Printing and posting lists of registered electors, provisions concerning, 23-5 1 4 

Proclamation by governor 
contents of, 23-104 
publication of, 23-104 

publication and posting of by county commissioners, 23-105 
time for publication and posting, 23-105 
when made, 23-103 
Proclamation of special elections, commissioners to make, 23-106 
Proclamation opening and closing polls, 23-1204; 23-1205 
Proposed amendments to U. S. constitution, ratification by convention — See 
Conventions to ratify proposed amendments to constitution of the United 
States, above, 23-2401 to 23-2411 
Purity of, to be secured by appropriate leglislation, IX, 9 
Qualifications for office 

county attorney, VIII, 1 9 
county supt. of schools, IX, 1 
generally, IX, 7, 1 1 
judge of district court, VIII, 1 6 
justices of supreme court, VIII, 1 
school district, IX, 1 
state executive, VII, 3 
Qualification of electors — See "electors" above 
Qualifications to vote, prescribed, IX, 2 

idiots and insane shall not vote, IX, 8 
residence by military service, IX, 3 
soldiers stationed at post, effect en, IX, 6 
women may vote as taxpayers, when IX, 1 2 
Questions, submitted to county or city, publication requirements, 23-202 
Ratification of proposed amendments to constitution of the United States, 

by convention — See Conventions to ratify propose amendments to constitution 
of the United States, above, 23-2401 to 23-2411 
Records, public, preservation of, required for one year, 23-914 
Recount of votes 
application 

contents and time for making, 23-2301 
district court, to be filed with, 23-2301 
. several candidates may make, 23-2304 
successful candidate to be served with copy of, 23-2304 
time for filing, 23-2301 
unsuccessful candidate, to make, 23-2301 
verified, to be, 23-2301 
certificate of election 

effect of recount on, when incorrect count found, 23-2306 
issued to conform to recount, 23-2304 
void when certificate first issued, 23-2306 
compensation of board and clerks, limitations upon, withholding, 

23-2304; 23-2307 
contest laws pertaining to, 23-926 to 23-928; 23-2308; 94-1464 to 94-1468 
counting of votes 

ballots to be returned to custody of county clerk, 23-2304 

board of canvassers to make, 23-2304 

certificate of election, clerk to issue to conform to recount, 23-2304 

clerk of county to produce ballot envelopes unopened, 23-2304 

correction of returns, clerks to make under board's direction, 23-2304 

limited to offices and precincts ordered, 23-2305 



INDEX 333 



Recount of votes, (continued) 

counting of votes (continued) 



manner of, 23-2304 

presence of board and candidates required at, 23-2304 
tally sheets, comparison of, upon completion, 23-2304 
district court 

applications, may consider separately or collectively, 23-2304 
calling in other judge for illness, absence or disqualification, 

supreme court may order, 23-2303 
delay not to divert of jurisdiction, 23-2303 
hearing, time for holding, 23-2301 
order to reconvene and recount in specified precincts, and 

estimating costs, 23-2301 
probable cause 

precincts recounted, limited to showing of, 23-2304 
showing required, 23-2301 

sufficiency, when incorrectness presumed, 23-2302 
service upon other candidate required, opportunty to be heard, 23-2304 
several applicants, procedure in case of, 23-2304 
expense of 

applicant required to pay, 23-2304 
apportionment of, between applicants, 23-2304 
court to estimate, and order, 23-2304 

deposit, applicant required to make with board, in cash, 23-2304 
greater or less than estimate, to be paid or refunded to 
applicants, 23-2304 

limitations upon, 23-2304 
Other provisions concerning contests applicable to, 23-926 to 

23-928; 23-2308; 94-1461 to 94-1468 
salaries to be withheld pending, 59-508; 59-589 
Referendum measures when held, V, 1 
Registrar 

county clerk, ex-officio, designated as, 23-501 
deputies. See Registration of electors, below, 23-505 
Registration for city elections, 11-715 

Registration laws, legislature empowered to pass, IX, 9 
Registration of electors 

aliens, provisional registration of, 23-508 
cancellation 

affidavit of electors causing, 23-518 

all registrations, within five days after June 1, 1937, effect on 

elections, 23-517 
court order, 23-518 

death or removal from county cause for, 23-518 
failure to vote causes, 23-51 1 
felony, conviction of, as cause for, 23-518 
insanity cause for, 23-5 1 8 
manner of, 23-518 
military service and auxiliary organization, registry of persons in 

not to be, when, 23-511; 23-512 
notice to elector of, required, 23-518 
reasons for, 23-5 1 8 
request of elector, 23-518 
challenge of right to 

duty of judges concerning challenged electors, 23-521 
formalities of, when written, 23-521 
oral challenge, 23-521 

proof of qualifications of elector, 23-521 
close of registration 

county clerk, duties concerning, 23-513 
procedure for, 23-513 

registration during closed period, 23-516 
county absentees 

applicable to electors absent from county of legal residence, 23-1501 
application 

affidavits of two registered electors required, 23-1501 
when to be made to county clerk, 23-1501; 23-1502 
card 

clerk's duties to furnish and mail, 23-1502 
elector to complete and return to clerk, 23-1503 
execution and verification of, 23-1501 
form prescribed, 23-1501 
questions to be propounded in writing and transmitted by 
county clerk, 23-1503 
county clerk 

county commissioners to furnish help for, 23-534 

custodian of registration books and papers, 23-501 

deputy's authority, 23-528 

duties concerning, 23-507 

help to be furnished by county commissioners, 23-534 

registrar, ex-officio, 23-501 



334 INDEX 

Registration of electors (continued) 

deputy registrars 

destination in each precinct by county commissioners, 23-505 

duties, 23-505 

fees collectible, 23-505 

justices of the peace are, 23-505 

notaries public are, 23-505 

qualified, taxpaying resident elector, must be, 23-505 

during period closed for election, 23-5 1 6 

eligible persons, 23-503 

form of registry cards, 23-502 

fraud in — See election frauds and offenses above, 94-1401 to 94-1426 

hours for, 23-507 

infirm persons who cannot appear before county clerk, 

fee which may be collected from, 23-504 

registration at residence, 23-504 

list of registered electors 
contents of, 23-5 1 4 

copies to be furnished electors, 23-514 
county clerk, duty concerning, 23-514 
payment for printing of, 23-514 
posting required, 23-514 
time for posting, 23-514 
method of, 23-503 
military or related services 

absence from state and resident county, required, 23-1401 
applicable to whom, 23-1401 
cards, war registration 

affidavits of persons acquainted with elector, 23-1404 
application for, 23-1403 
classification of, 23-1405 
form of, 23-1402 
mailing of, 23-1403; 23-1404 
printing of, duty of county clerk, 23-1402 
penalties for violation of act, 23-1406 
misrepresenting names, penalty for, 23-503 
naturalization certificate 

affidavit in case of loss of, 23-502 
loss of, procedure in case of, 23-523 
required, when, 23-523 
nurses, army, navy, red cross and related services, 23-1401 to 23-1406 
penalties, forfeiture of office, felony, 23-506 

person not qualified at time of registration, procedure concerning, 23-508 
poll books 

cities and towns, not prepared for, when,23-515 
cities and towns to pay for amount, 23-519 
combining precinct registers in, 23-515 
compensation of county clerk for preparing, 23-519 
contents of, 23-5 1 5 
dispensed with, when, 23-519 

notice to be given county clerk when books not necessary, 23-519 
omitting cancelled names, 23-515 
payment for, how made, 23-5 1 9 
prepared, when, 23-515 
school district to pay for, amount, 23-519 
precinct register 

action to compel entry of names on, 23-525 
copies to be furnished on request, 23-520 
signature of elector 

procedure if elector cannot sign, 23-524 
required on register, 23-524 
previous registration, procedure in case of — See transfer of registration, 

below, 23-509; 23-510 
procedure for, 23-503 

registrar, ex-officio, county clerk designated as, without extra pay, 23-501 
registry cards 

cancellation of, causes for, 23-518 
form of, 23-502 

transcribed from registry books, when, 23-507 
re-registration after cancellation, 23-511 
residence, rules for determining, 23-522 
transfer of registration 
between counties 

form for, 23-5 1 
procedure concerning, 23-510 
within county 

form for, 23-509 
procedure concerning, 23-509 
violations of act, felony, 23-506 
Removal of county seats, X, 3; 16-301 to 16-309 
Removal of officers for violations of law, 23-531; 23-533 



INDEX 335 



Representatives in congress 

certificate of election governor to transmit, 23-2205 
returns made as in case of state officers, 23-2204 
when election held, 23-2203 

Representatives in house, V, 2 

to fill vacancy in, V, 45 
Representatives, state, joint members of house of 

duty of clerk receiving returns of election of, 23-1811 

returns to be abstracted, how, 23-1 809 

transmission of abstract to county first in alphabetical order, 23-1810 

Residence, rule for determining, 23-522 

Result 

certificate of, county commissioners to issue, 16-1003 
declaration of, by county commissioners, 16-1003 

Returns 

ballots and stubs, 

county clerk to retain for year, 23-1712 
opened only by order of court, 23-1713 
blanks for, to be furnished by county commissioners, 16-1156 
canvass of— See canvass of votes, above 
contest, keeping of pending, 23-1713 
custody and control of, 23-1710 to 23-1715 
defect in form of, commission or certificate not to be withheld for, 

when, 23-1817 
delivery or mailing to county clerk, 23-1711 
destruction of, by clerk, after twelve months, 23-1712 
filing in county clerk's office after canvass, 23-1712; 23-1715 
how made, 23-1709 
judges, by — See judges of, above 
machine voting, 23-1610; 23-1611 

representatives, joint members of house, returns how made, 23-1809 to 23-1811 
transmission of 

blanks to be furnished for 

instructions for use of, printed upon, 23-710 
posting at polling place, 23-712 
return of, to clerk, 23-712 
specification of, 23-7 1 
total votes to be copied upon, 23-71 1 
violation of law concerning, penalty, 23-713 
Right to vote— See Electors, qualifications of, above 
Rotation of names on ballots, 23-1107 
School Budget Board, fixing tax levy, 75-1723 
School consolidated districts, 75-1813 
School districts: 

Bond elections in 

signers required, 73-3937 
voters qualifications, 75-3938 
consolidated districts 

annexation of territory of third class district, 75-1813 

election on, 75-1813 
bonded indebtedness, how assumed, 75-1813 
county superintendent to order, when, 75-1813 
electors may petition for election on, 75-1813 

vote to determine, 73-1813 
how created, 75-1813 

officers of new district to receive records, 75-1813 
title to property vests, how, 75-1813 
trustees, county superintendent to appoint, 75-1813 
trustees of two or more districts may request, 75-1813 
district bonds 

form of notice of sale, 75-39 1 6 

publication when and where, 75-3916 
petition and election, when required, 75-3908 

form, contents and proof of petition, 75-3909 
ballots, preparation and form 75-391 1 
calling election, 75-391 
form of petition, 75-3910 
notice of election, 75-3910 

posting and publication, 75-3910 
poll books, preparation of, 75-3912 

charge per name, 75-3912 
preparation of lists of eligible voters, 75-3912 
qualification of voters, 75-3912 
registration for election, 75-3912 
resolution authorizing bond issue, 75-3915 
indebtedness, limit upon extension of, when, Art. XIII, 6, page 1 5 
joint districts 

dissolution of, procedure, 75-1818 
election on, 75-1818 
office; who eligible to hold. Art. IX, 10, page 13 



336 INDEX 

School districts (continued) 

officers: separate elections required for, Art. XI, 13, page 10 
tax, extra in excess of ten mills, 75-3801 

ballot, form and marking, 75-3804 

challenging voters, 75-3805 

election on, 75-3801 

conduct of, 75-3804 
levy authorized on favorable vote, 75-3804 
notice of election, 75-3802 
oath of electors, 75-3805 
penalty for false swearing, 75-3805 
purpose of levy to be submitted, 75-3803 

use of funds, 75-3893 
special levy, election on, time of holding, 75-3801 

School elections 

poll books 

county clerk to prepare, charges for, 23-519 

duty of clerk to notify county clerk when not needed, 23-519 

special, for bond issues, 75-1631; 75-3901 to 75,3946 

Schools: 

County and district high 

bond issue for, 75-4 1 1 6 
County high: 

abolishment of, 75-4120 

ballots, form and voting, 75-4124 
commissioners to submit question, 75-4122 
county commissioners to sell property, 75-4130 
election, 'when held, 75-4124 
petition for, contents of 75-4121 
publication of notice, 75-4123 

results of election commissioners resolution declaring, 75-4125 
bonds of: 

submission of question of issuance to voters, 75-4112; 75-4113 
petition for issuance, 75-4112 
purpose for which issued, 75-4112 
changing boundaries of, Chapter 1 30, laws 1 949, pages 267-268 
superintendent, 75-1501 
High School Code: 

Bond issue, submission to electors, 75-4112 to 75-4113 
Junior colleges 

approval of superintendent of public instruction, 75-4403 
county or district high school boards may establish, 75-4402 
defiintion of terms, 75-4401 
election on establishment, 75-4403 

qualifications of voters, 75-4404 
establishment on approval of voters, 75-4405 
method of establishment, 75-4402 
petition for establishment, 75-4402 
Junior High: 

how established where district high school is already 

established, 75-4201 
when established in district having no accredited high school, 75-4147 
application to superintendent of public instruction, 75-4148 
election, 75-4151 

issuance of bonds, how regulated, 75-4153 
petition for, 75-4148 

resolution of board of school trustees, 75-4148 
submission of question to voters, 75-4149 
voter's approval, effect of, 75-4152 
when bonds are to be issued, 75-4150 
Trustees 

duties of, 75-1632 
elections 

expenses of, how paid, 75-1620 
first class districts 

calling of election, 75-1607 

canvass vote, 75-1612 

certificate of election, 75-1612 

election, when dispensed with, 75-1606 

form of ballot, 75-1611 

judges and clerk appointment, 75-1610 

nominations, how made, 75-1 606 

public meeting, 75-1 606 
notice of election, how given, 75-1608 
poll lists and tally sheets, 75-1612 
polls, when open, 75-1609 
judges, limitation pay, 75-1620 
qualification of electors, 75-1618 
challenges, 75-1619 
oath of voters, 75-1619 
penalty, 75-1619 



INDEX 337 

Schools (continued) 

Trustees (continued) 

elections (continued) 

rearrangement of terms, when, 75-1617 

prevention of election majority board, 75-1617 
second and third class districts 

how held and conducted, 75-1605 

nominations, 75-1604 

names, when received and filed, 75-1604 

notice of election, 75-1605 

polls, when open, 75-1605 

vote by ballot, 75-1605 
voter's oath on challenge, 75-1619 
when and where held, 75-1603 

School trustees — See schools, 75-1603 to 75-1613 
Seat of government 
change of 

legislature must submit question to electors, X, 3 
two-thirds of electors must favor change, X, 3 
determination of X, 2 
Senatorial Districts: 

consist of not more than one county, VI, 4; 43-102 
division of state into, V, 4 
each county constitutes, 43-101 
enumerated, VI, 5 

new counties entitled to one senator, VI, 4; 43-102 
Senators in congress of United States 

certificates issued by governor, 23-2205 

provisions relating to governor applicable to nomination and election of, 23-2201 

returns, how made, 23-2204 

vacancies, governor may make temporary appointment, 23-2202 

when election held 

generally, 23-2201; 23-2203 
vacancy, to fill, 23-2201 
writs of election to fill vacancy, 23-2202 
Signature of elector required on precinct register, 23-524 
Special election 

bonds and levies for — See Cities and Towns — School Districts 
county commissioners may call, when, 23-102 
held when, 23-102 

proclamation by county commissioners 
contents of, 23-106 
posting and publication of, 23-106 
proclamation by governor 
contents of, 23-104 

county commissioners to cause to be posted and published, 23-105 
when made, 23-103 
Special laws regulating, forbidden, V, 26 
State senators, V, 2 

to fill vacancy in, V, 45 
State Treasurer: Eligible for one term only, Art. VII 1, page 8 
Suffrage: 

Age requirements. Art. IX, 2, page 12 
rights of. Art. IX, 1 , page 1 1 ; Art. Ill, 5, page 5 
qualifications for voting, Art. IX, 2, page 12 
Superintendent of Public Instruction 

election, qualification, oath and bond, 75-1301 
Supplies, county commissioners to furnish, 16-1156; 23-704 
Supreme Court, Clerk of, election and term, 82-501 
Supreme Court: 
justices 

additional justices, 93-202; 93-203 

designation of, 93-203 
term of, 93-202; 93-203 
chief justice; 93-201 
citizenship of U. S. required, VIII, 10 
computation of years of office, 93-208 
election, VIII, 6, 8, 93-201 
number of, 93-201 

increased to five, 93-201 
legislature may increase, VIII, 5 

term and designation additional justices, 93-202; 93-203 
term of office, VIII, 29, 93-201 
expires how, VIII, 8 
how computed, 93-208 
to be six years, VIII, 7 
vacancies, how filled, VIII, 34; 93-209 
years of office, how computed, 93-208 
Tally sheets at primary, 23-907; 23-908 

Tax, election to levy — See Cities and Towns — School Districts 
Taxpayers, 

defined for election purposes, 23-311 

qualification of elector as, IX, 2, 12; 23-202; 23-303 



338 INDEX 



Tie vote contents provided for, VII, 2 

Tie vote, proceedings on 

county commissioners, district judge to appoint, 23-1902 
county or township officers, commissioners to appoint, 23-1902 
judicial officers, governor to appoint, 23-1 904 

representative in congress, special election to be called, 23-1901 
state officers, legislature to select one of tied parties, 23-1902 

United States constitution, conventions to ratify proposed amendments to 
See Conventions to ratify proposed amendments to constitution of the 
United States, above, 23-2401 to 23-2411 
Taxation: 

Cities and towns: 

additional levies not over five mills 

election on, council may call, 84-4706 
ballots, and voting, 84-4709 
notice of, how given, 84-4707 
qualifications for voting on creation or increasing 

indebtedness, 84-471 1 
registration of electors, 84-4710 

submission of question to tax paying freeholders, 84-4706 
to state object of levy, 84-4708 
use of funds, 84-4708 
Taxpayer 

defined for election purposes, 23-311 
qualification of elector as, IX, 2, 12; 23-202; 23-303 
voter must be when. Art. IX, 2, page 12 
Township and Precinct officers: vacancies filled how. Art. XVI, 5, page 17 
Vacancies 

candidates, primary nominating election, 23-915 

delegate to political conventions to elect presidential electors, 23-1004 
judges or clerks of election, how filled, 23-606; 23-607 
judiciary nominees, how filled, 23-2011 

nomiations by convention or primary meeting, how filled, 23-81 1 
office, in, proper authority to call special election to fill, 23-102 
party ticket, how filled, 23-929 
presidential electors, 23-2105 
senators in congress of United States, 23-2201 
Violations of law concerning — See Election frauds and offenses above 
Void election, corrupt practice by candidate constitutes, 94-1426 
Voters — See Electors, above 

Voters at school elections, qualifications, 75-1618 
Votes 

person getting highest number deemed nominated, 23-921 
recount of — See Recount of votes, above, 23-2301 to 23-2307 
Voting — See also election frauds and offenses, above, 94-1401 to 94-1426 
absent or incapacitated voters— ^See Absent or incapacitated voters, 

above, 23-1301 to 23-1320 
assistance, persons not illiterate or disabled not to ask for or received, 23-1213 
assistance to any but disabled or illiterate persons, prohibited, 23-1213 
assistance to electors 

judges to endorse fact of,( on ballot, 23-1213 
oath to be taken before judges give, 23-1213 
ballot 

delivery of, elector to judge after voting, regulations concerning, 23-1210 
elector to vote only that received from person in charged 

election, 23-1207 
exposure of face of, by judge after delivery from voter, 
prohibited, 23-1210 
ballot box 

judge permitting anyone to put ballot or anything into, felony, 23-1214 
putting ballot or anything else into by anyone but judge, 
misdemeanor, 23-1214 
ballots — See also ballots, above 
booths or compartments for 

dispensed with in small precincts, 23-1206 
expense, how paid, 23-1203 
number of, 23-1206 

occupancy, limited to one person, 23-1211 
specifications for, 23-1206 

time for using, limited to five minutes, 23-1211 
challenges — See challenges, above 

disabled or illiterate elector may be aided by judges, when, 23-1213 
disposal of ballot by judge, 23-1210 
divulging name of candidate elector voted for, within polling place, 

prohibited, 23-1213 
electioneering 

arrest of obstructing persons, 23-1207 
officers of election not to do, 23-1207 
prohibited at or near polling place, 23-1207 
electors — See electors above 



INDEX 339 

Voting (continued) 

elector to pass outside guard rail after voting, 23-1210 

folding of ballot, 23-1210 

fraud in, 94-1403 

illiterate voter who cannot sign name to produce two freeholders 

to make affidavit for him, 23-1218 
interference with person, prohibited, 23-1207 
list of persons, to be kept, 23-1219 

machine by — See Voting machines below, 23-1601 to 23-1618 
manner of, prescribed, 23-1210 to 23-1217 
name and residence of voter 

elector to announce, 23-1214 

judge to announce, 23-1215 

record of, to be kept in poll book, 23-1215 
official ballot only to be used, 23-1 207 
place of, special laws regulating, forbidden, V, 26 
proclamation, opening and closing of polls, 23-1204; 23-1205 
putting ballot in box, 23-1216 
qualifications of electors — See electors, above 
receipt of ballot by judge, 23-1210 
record to be kept of person voting, 23-1217 
registry book, how to use and mark, 23-1218 
right to vote, registration and identification, 23-526 
signing of precinct register 

provision for person not able to sign, 23-1218 

required before voting allowed, 23-1218 
spoiled ballot, elector to return to receive another, 23-1212 
tie votes, procedure in case of — See canvass of votes; and tie vote, 

above, VII, 2; 23-1807; 23-1901 to 23-1904; 23-2010 
time for opening and closing polls 

general and special held on same day, 23-1203 

general law, 23-1202 . . ,, , on ., 

special elections on bonds or levies, county, city or school, /J-l^UJ 
unofficial sample ballot, use of, forbidden, 23-1210 
when votes may be cast, 23-1201 

Voting machines: 

applicability of election laws generally, 23-1612 
assistance to electors 

disabled or illiterate persons may be assisted, 23-1606 

penalty for fraud or deceit in, 23-1 606 
ballot labels 

number to be furnished, 23-1607 

specifications of, 23-1607 ^oizna 

candidates not on official ballot, voting for, by irregular ballot, 2J-l6Uy 
canvass, statements of, take place of tally papers, etc., 23-1607 
certificates showing condition of machine required, 23-1607 
counting of votes, 23-1610 

defective machines, ballots to be furnished in case of, 23-1617 
disabled or illiterate elector may be aided, when, 23-1606 
experimental use of machine, 23-1617 
instruction to voters 

demonstration of machines by county clerk, 23-1607 

exhibition of machines to public, 23-1 607 

publication of diagram of face of machine with instructions 
mailing of instructions in lieu of publication, 23-1607 
time for, 23-1607 
instruction to be given judges by custodian 

certificate to be given judge upon receiving, 23-1605 

emergency appointment of judges not prevented by requirement 
for, 23-1605 

payment for time spent receiving, 23-1605 

required before judge may serve, 23-1605 
irregular ballots for candidates not on official ballot, 23-1 609 
judges 

board to consist of three, and one for each additional machine, 23-1605 

close of polls, locking machines, or removing recording device, 
duties concerning, 23-1610 

counting of votes, 23-1610 

instructions to be given to, by custodian, 23-1 605 

penalties, 23-1613 to 23-1616 

persons using, how to conduct, 23-1605 

qualifications, certificate for, excepting in emergencies, 23-1 605 

return sheets, contents, certificate to, ho we executed, 23-1611 

view of machines, to have, 23-1605 
laws of elections, generally, applicable, 23-1612 
method of conducting elections with, 23-1605 
nomination by more than one political party 

designation of party under which name is to appear, 23-1607 

placing of name in case of failure to designate party, 23-1607 
numberof judges at election where used, 23-1605 
officers, penalty for neglect of duty, 23-1613 
penalties 



340 INDEX 

Voting (continued) 

penalties (continued) 

deceit or revealing vote of illiterate or disabled person, 23-1606 

fraudulent returns or certificates, 23-1616 

judges' violation of duty, 23-1613 

tampering with or injuring machine or ballots, 23-1614 
poll lists 

dispensed with by use of machine, 23-1607; 23-1608 

procedure in lieu of, 23-1607; 23-1608 
preparation for use 

delivery to precincts, 23-1608 

help, clerks may employ, 23-1608 

instructions to voters, 23-1607 

judges' duties, 23-1608 

party tickets, how arranged, 23-1608 

set up by clerks of county and city, 23-1608 

shields, black, to mark off keys and levers not in use, 23-1 608 
presidential electors 

distribution of votes among parties, provision for, 23-1607 

writing in names, provision for, 23-1 607 
purchase of machines 

approval by secretary of state required, 23-1603 

councils of cities or towns have authority, 23-1 603 

county commissioners have authority, 23-1603 

payment 

limitation on time during which obligations for payment 

may run, 23-1604 
obligation of county or municipality may be issued for, 23-1604 
registry lists used for entry of voters ballot number in lieu of poll 

lists, etc., 23-1607 
returns of elections 

attendance of persons permitted at locking of machines, 
closing of polls and counting of votes, 23-1610 

exhibition of machine after counting votes, 23-1611 

irregular ballots 

destruction after lapse of six months, 23-1611 
preservation for six months, 23-1611 

locking machine after exhibition, 23-1611 

return sheets 

certificate to accompany, 23-1611 
contents of, 23-161 1 

supplies, return blanks and certificates, duties to furnish, 23-1611 

tally sheets to be returned, 23-1611 
secretary of state 

approval of, required sixty days prior to use, 23-1601 

examinaton of machines by,, for compliance with law, 23-6101 

expense of examination paid by company or person submitting 
certification of, 23-1601 

list of approval machines, to make and send to board in charge of 
election of, 23-1601 
secretary of state (continued 

mechanics, may employ, at ten dollars per day, how paid, 23-1601 

report on all machines, make and file, 23-6101 

supplies and printed matter, samples to furnish election boards, 23-1607 

supplies enumerated, duty to furnish, 23-1607 

validating approved machines for continued use, 23-1618 
specification of, 23-1602 
supplies 

board to provide for each machine, 23-1607 to 23-1611 

emergency for, ballots, etc., in lieu of defective machines, 23-1617 
supplies required 

enumerated, 23-1607 

secretary of state's duty to furnish samples, 23-1607 
time in booth limited to one minute, 23-1605 
use of 

consolidation of election districts for, procedure, 23-1603 

experimental, during election permissible, approval required, 23-1617 

installation in certain precincts allowed, 23-1603 

preparation for — See preparation for use, above, 23-1608 
Wards, city council to map and certify descriptions to county clerk, 23-403; 23-405 
women, right to vote on question submitted. Art. IX, 12, page 13 



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